The marriage economic regimes in Marbella, Spain (part I)

In this blog of Mercury Lawyers in Marbella we are going to talk about the marriage economic regimes in Marbella, Spain.

Our Civil Code regulates 3 types of marriage regime:

Common assets or matrimonial property regime (Sociedad de ganaciales).

The separation of assets or separate property system (Separación de bienes).

Profit sharing (Participación en ganancias).

In order to do easier, the reading of this topic to our readers, we will divide this blog into two parts. In the first we will analyse the common assets and the separation of assets, and in the second we will study the profit-sharing regime.

Common assets or matrimonial property regime (Sociedad de ganaciales).

First of all, it is necessary to indicate that the economic regime of the marriage will be the one that the spouses stipulate in marital capitulations. That is to say that we are before a device act of the consorts. However, in the absence of choice or when it is ineffective, the regime will be that of the joint-stock company.

The peculiarity of this regime is that the profits or benefits obtained by either of them are common to the spouses, which will be attributed to them in half upon dissolution. That is, when it is dissolved, half of the profits or benefits obtained from the other consort are acquired as the owner. However, this regime distinguishes between common and private assets. And only the commons are divided among the consorts.

A. Exclusive to each of the spouses:

The goods and rights that belonged to it when starting the company.

Those who acquire later by free title.

The goods and rights acquired at cost or as a substitute for private assets.

Those acquired by right of withdrawal belonging to one of the spouses.

The assets and patrimonial rights inherent to the person and the non-transferable inters alive.

The compensation for damages inferred to the person of one of the spouses or to their private property.

Clothes and objects for personal use that are not of extraordinary value.

The instruments necessary for the exercise of the profession or trade, except when they are an integral part or belongings of a common establishment or exploitation.

B. Community property:

Those obtained by the work or industry of either spouse.

The goods and rights obtained by the work or industry of either spouse.

Those acquired for consideration at the expense of the common flow or by right of withdrawal of a community character.

Companies and establishments founded during the term of the company at the expense of common goods.

The separation of assets or separate property system (Separación de bienes).

In the separation regime, each spouse will own the assets that he/she had at the initial moment of the same and, those that he later acquires by any title. Likewise, each one will be responsible for the administration, enjoyment and free disposal of such assets.

That is, when the marriage is dissolved, the assets prior to the marriage, such as those acquired during the marriage by each of the spouses, will remain exclusive to each one. Therefore, the other spouse does not acquire any rights to the property acquired from the other during the marriage.

The property separation regime will be applied when:

They have expressly agreed.

They would have agreed in marital capitulations that the community society will not govern among them, without expressing the rules by which their assets must be governed.

When it expires, constant marriage, the community society or the participation regime, unless by the will of the interested parties they were replaced by another different regime.

Do not hesitate to contact our Law Firm in Marbella if you have any questions about the marriage economic regimes in Spain or about divorces. Also, to advise you on any other civil matter. Our experienced civil law attorneys would be happy to assist you.