Property Lawyer in Spain | Buying As A Couple

Buying As A Couple

Married Couples

At the time of buying you will be asked if you are married, and if so for the name of your wife or husband.

If the spouses are of different nationalities, you will be asked which country´s law rules your matrimonial property regime.

If both partners are of the same nationality, you need only state what kind of matrimonial property regime you have.

If the property regime between the couple is that of separation of assets and both of you are buying, you will be asked to state the share of each partner in the purchase ( 50% for example).

No other explanation will be needed to prove your matrimonial property regime. The property will be inscribed in the Land Registry under the name of the buyer (one of the spouses, or both) “con sujección a su regimen matrimonial” (bound by their matrimonial property regime).

This means that, after the purchase, no further explanation will be needed if you are going to sell your property with your partner.

However, if you are going to sell, or to dispose of your property in some other way, without your partner´s consent (even if it is the mortgage that guarantees the credit to buy, and that you are signing the same day) you will need proof of your matrimonial property regime, and proof that your matrimonial property regime allows you to sell or encumber the property by yourself, without your partner.

Unmarried Couples

Any purchase will be inscribed in the name of the sole buyer.

If both members of the unmarried couple are buying, they must declare in which proportion they are acquiring the property ( By half or another share).

At the time of selling, each one of them can separately sell their own share, or jointly the complete property of the asset.


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