In family law, one of the most important decisions before marriage is choosing the right marital property regime. This choice will have legal consequences during the marriage and in the event of divorce or death.
Family law and the importance of the marital property regime
The property regime defines how spouses manage income, assets, and debts. In family law, this is a key element to determine the division of property and financial obligations during and after marriage. In Spain, the two main systems are community property and separate property.
Community property in family law
Community property is the default regime in most of Spain. Under this system, all income and acquisitions during the marriage, as well as debts, are considered joint. This means that everything is split equally in case of divorce or death, regardless of who earned or acquired it.
Separate property in family law
Separate property allows each spouse to retain ownership of their income, assets, and debts. No joint estate is created. To marry under this regime, couples must go to a notary before the wedding and sign a marital agreement (capitulaciones matrimoniales).
What happens in a marriage if no regime is chosen?
If the couple does not make any declaration before marriage, community property applies by default, except in some regions with different legal systems. To opt for separate property, a notarial agreement must be signed before the marriage. This is a simple and affordable process that provides long-term clarity.
Changing the property regime in family law
Family law allows spouses to change their property regime at any time during the marriage. Both must agree and sign a new notarial deed. If there are shared assets, the previous regime may need to be liquidated. This change can be registered in the Civil Registry and Property Registry if needed.
The role of the notary and the need for legal advice
Although the notarial process is simple, legal advice is essential. A family law expert will guide you in choosing the most suitable regime for your financial and personal circumstances.
Legal security in your marriage
Choosing the right property regime is a legal tool for protecting your interests in family law. It helps you prepare for future changes, safeguard your individual assets, and avoid legal disputes. Making this decision before the wedding is an act of responsibility.
Questions about family law?
At Toscanolex, we are experts in family law. We can help you choose the most appropriate property regime and handle the process efficiently.
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