Your marriage has implications on your (future) property in Spain. This is because the division of property depends on your matrimonial property regime. The two common systems are the legal system and separation of assets. This article will explain the consequences of both systems on the purchase of a property in Spain.
Legal system: community of property
If you are married, the Spanish notary will suspect that you are married under the legal system of your state of residence. So, as a Belgian or Dutch buyer, the notary in Spain will suspect that you are married under the community of property system (the general community in the Netherlands). He will then assume that you will buy the property in Spain together. This means that you will each own half of the property.
Usually, this is not a problem for married buyers in a joint scheme. Therefore, they do not need to take any additional steps.
However, if you wish to buy alone as a married partner, you will have to prove that the funds for purchase are your own. This is not obvious. Here you will find more information about buying property alone in Spain as a married partner.
Different regime: separation of assets
However, if you are married under the system of separation of assets (prenuptial agreements in the Netherlands), the Spanish notary will also presume that you are buying the property with two. In other words, the title deeds will be registered in both your names. This is a problem if, for example, one of the partners wishes to acquire full ownership in Spain.
If you find yourself in this situation, you will have to rebut the presumption that you are married in community of property. This means you will have to prove, using your prenuptial agreement, that you were indeed married with separation of assets (or prenuptial agreements).
In that case, it is recommended that you have your prenuptial agreement translated (sworn) into Spanish. You should also provide your marriage agreement with a apostille. This way, the notary in Spain can fully assign the property to you.
Note: if you take out a mortgage with a Spanish bank, the Spanish bank may also expect you to prove the system of separation of assets. For example, if you only put the mortgage in your name, while the property is in both your names, the bank may refuse the mortgage.
I am not married to my partner. What are the consequences?
If you are not married to your partner, you are free to decide how to divide the property. You can decide to become full owner yourself, but you can also choose to buy 50/50 or 60/40, for example. You are then in a voluntary co-ownership.
Emigrating: what about your marriage contract?
If you emigrate to Spain, the provisions in your marriage contract - in the average situation - will continue to apply to you. However, it is advisable to draw up a will. Learn more about the validity of your marriage contract in Spain here.
Do you have any questions about buying in Spain? If so, please feel free to contact with us.