Spanish law makes various assumptions with regard to the ownership of assets by a married couple and subsequently as to how they should be distributed upon a future divorce.

1. Divorce in Spain

2. If you are thinking about getting divorced in Spain
please make sure to view:
10 Must Know Facts For Anyone Planning To Divorce in Spa
2

3. Divorce, Spain and Division of Assets
In 2009, the latest year for which statistics are available, more
than 2400 divorces in Spain actually involved a couple in which
either one or both of the spouses were non-Spanish EU
citizens.

4. Accordingly, it is not surprising that the subject of how assets
are distributed between the spouses following a divorce is of
the utmost importance to those going through the process.
In this presentation we take a look at the factors that govern
the distribution of assets in this situation.

5. 'Separación de Bienes' or 'Sociedad de
Gananciales'
 The first matter to determine is the 'type' of marriage the
spouses are deemed to have
 Unless publicly signed to the contrary the default status in
Cataluña, Aragón, Navarra, Balearic Islands and Basque
Country is 'Separación de Bienes'

6. 'Separación de Bienes' or 'Sociedad de
Gananciales'
In the remaining regions the default 'type' is 'Sociedad de
gananciales' which is most similar to the concept of marriage
in the UK and Ireland

7. 'Separación de Bienes'
If 'separación de bienes' the couple retain as separate that
which they brought into the marriage along with anything
obtained during the marriage either by purchase, inheritance or
gift.
Any asset bought jointly is owned in the proportion to which the
asset was purchased

8. 'Sociedad de Gananciales'
 If 'Sociedad de gananciales' all goods obtained during the
marriage not considered to be 'private' assets may be divided
between the spouses upon divorce
 So, examples of assets that may be added to the 'matrimonial
pot' would be:

9. 'Sociedad de Gananciales'
 goods obtained by the work or industry of either spouse
 income or rents obtained from other goods owned by
either
spouse even if considered to be 'private' goods
 business and companies founded during the course of the
marriage where common funds are used

10. 'Sociedad de Gananciales'
 Goods purchased initially with common funds that require
installments to be paid later such as hire-purchase will be
shared even if the installments are paid by one of the spouses

11. Private Assets
Only private assets may not be shared in a 'sociedad de
gananciales' type marriage. What types of assets are ordinarily
considered to be 'private'?

12. Private Assets
 Those rights and assets possessed before the marriage
 Those rights and assets obtained during the marriage
without payment e.g. inheritances or gifts to a particular
spouse
 Those rights and assets obtained through an exchange for
private assets belonging to one of the spouses

13. Private Assets
 An award for personal damages or damages to private
assets
 Clothes and personal belongings not of 'extraordinary'
value
 Equipment necessary for the carrying-out of a trade or
profession unless these are an integral part of a common
enterprise

14. Summary
The first step to determining how matrimonial assets are to
be distributed between a divorcing couple in Spain is to
determine what 'type' of marriage they have
 If the marriage is 'sociedad de gananciales' then it is
necessary to separate those assets which are shared and
those which are 'private'

15. Summary
 If 'separacion de bienes' the only consideration that must
be made relates to those assets that are acquired jointly
which should be split in propotion to the contribution each
spouse made

16. For access to divorce services in Spain
at exceptional prices go to:
Family Law Services in Spain

17. More information and contact:
www.myadvocatespain.com
info@myadvocatespain.com
Tel. +34 931 768 051