Who owns what in a marriage in Spain?

Differs by state, region or province

In most of Spain the default is a community of gains, but several regions have their own default, such as separation of property in Catalonia and the Balearic Islands. The regime depends on the spouses' civil status as set by region.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

In regions governed by the Civil Code, the default is a community of gains, where what is earned and bought during the marriage is joint and property from before and gifts and inheritances stay personal. Catalonia and the Balearic Islands have separation of property by default, and other regions, such as Aragon, Navarre and Galicia, have their own rules.

When the marriage ends in divorce

A community of gains is dissolved and divided in halves after debts are settled. Where property is separate, each keeps what is in their name, subject to the rules of the region.

A marriage contract

Marriage agreements are made by a public deed before a notary, before or after the wedding, and can be changed later by another public deed.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.

What to watch for

Which regional rules apply depends on the spouses' regional civil status, not simply on where they live.

Understand the legal system first

Spain belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Spain legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Spain? →

Official sources

European e-Justice Portal: matrimonial property regimes in the EU

TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.