Purchase of properties in Spain. Importance to justify marriage status

 

Purchase of Properties in Spain: Why You Must Justify Your Marital Status

When buying property in Spain, it is essential to declare and justify your marital status—especially if you are married and come from countries such as France, Belgium, Germany, the Netherlands, Sweden, Switzerland, Canada, the USA, Latin America, etc.

The Spanish notary and the Land Registry will consider your matrimonial property regime, which directly affects property ownership, registration, and even mortgage approvals.

 

 

Understanding Marital Property Regimes

In most countries, two main systems govern marital assets:

1. Community of Assets (Joint Ownership by Default)

This is the default regime in countries such as:

  • France

  • Germany

  • Belgium

  • Netherlands

  • Sweden

  • Switzerland

  • Denmark

  • Norway

  • Poland

  • Luxembourg

  • Several U.S. States

 

Under this system, both spouses automatically share the ownership of assets acquired during the marriage.

 

 

2. Separation of Assets (Each Spouse Owns Individually)

This is the default or chosen system in:

  • United Kingdom

  • Ireland

  • Scotland

  • Some U.S. States

  • Turkey

  • Most Muslim countries

 

Under this system, each spouse owns their property independently unless they purchase jointly.

 

 

Why It Matters in Spain

In Spain, the property registration and mortgage process depend heavily on the buyer’s marital regime. For example:

  • If you’re married under a community property regime, even if only one spouse is listed as the buyer, the other spouse may be considered a co-owner under Spanish law.

  • Banks may deny mortgage approval if the marital regime is unclear or unproven.

  • If you intend the property to be in the name of just one spouse, proof of separation of assets is mandatory to avoid automatic joint registration.

 

 

What You Need to Provide

If you’re married under separation of assets in a country where the default system is community of property, you must provide legal proof of this. Accepted documents include:

✔️ Original Marriage Contract

  • Issued by a public authority (e.g. mayor, municipal council).

  • Apostille not always required (e.g. France and Belgium have agreements with Spain), but highly recommended.

✔️ Notarial Copy of the Marriage Contract

  • If obtained from a notary, it must be apostilled.

  • Then, it must be officially translated into Spanish if not originally written in the language.

✔️ Extract from the Civil Register

  • Must include mention of the marital regime.

  • Needs apostille and certified translation.

 

 

What If You Don’t Provide It?

Even if the Spanish notary allows the sale to go ahead, the lack of documentation may lead to:

  • The automatic registration of the property under both spouses, even if only one intended to purchase.

  • Refusal of the mortgage loan by the bank due to lack of clarity on marital assets.

  • Future legal and financial complications regarding ownership rights.

 

 

Recommendations Before You Buy

If you’re married and come from a country where community of property is the default:

✅ Locate your original marriage contract and have it apostilled and officially translated into Spanish.
✅ If you don’t have the contract, visit a local notary in your country to draft a certified act confirming your marital regime, then apostille and translate it.
✅ Alternatively, obtain a certified extract from the Civil Registry that shows your regime of separation of assets and follow the same steps.

 

 

Legal Disclaimer

This article is intended for informational purposes only and does not constitute legal advice. Always consult with a qualified legal expert or property lawyer in Spain to verify your personal situation before purchasing a property.