Buying with a partner or others and how your marital regime matters

Key rules

• Unmarried partners: If only your partner is on the deed, you have no ownership, inheritance or consent rights under general Spanish law.
• Stated shares: Co-owners' shares are written into the deed, so agree them before you go to the notary.
• Family home: Selling or mortgaging the family home needs your spouse's consent or a court's authorisation, whoever owns it.
• Deed wording: The notary records your marital regime from your declaration, and the Land Registry follows the deed.

The short answer

You can hold title in one name, in several names with stated shares, or through a company. Your marital regime decides what "joint" means for spouses. If you are not married, the law gives you very little protection unless your name is on the deed.

Three ways to hold title

One owner. Only that person owns the property. It is simple, but see the section on unmarried partners below.

Several co-owners in stated shares. This is a comunidad de bienes. The deed states each person's share, for example 50/50 or 70/30. Agree the shares before you go to the notary, because the deed fixes them.

A company. A company can own the property. This avoids inheriting the property itself, but it brings its own tax costs. Get advice from a Spanish lawyer or tax adviser before you choose it.

What co-ownership means in practice

• Each co-owner can sell or mortgage their own share.
• Anything affecting the whole property needs all co-owners to agree.
• Any co-owner can demand that the property be divided or sold.
• Other co-owners have a right of first refusal (pre-emption) if someone sells a share.
• On death, a share passes by will or by the default inheritance rules. In some regions, civil law protects certain heirs (forced heirs), so check this before you sign.

If you are married

Your marital regime decides whether the property is shared by default. Under gananciales, property bought during the marriage is generally held jointly by the spouses. Under separation of property, each spouse owns what they buy.

The default regime depends on where you live. Gananciales is the default in most of Spain. Separation of property is the default in Catalonia, the Balearic Islands and Valencia, subject to regional law. Foral regions, such as the Basque Country and Navarra, have their own rules.

For a married buyer, the deed states whether you buy as private property or as marital property. Decide this before signing.

If you are a foreign couple

Which country's rules govern your regime depends on when you married or registered your partnership.

• On or after 29 January 2019: an EU rule applies. If you chose a law (your habitual residence or nationality), that law applies. If you did not choose, the law of your first shared habitual residence after the marriage applies. After that come common nationality and then closest connection.
• Before that date: Spanish conflict rules apply, using your common nationality first, then other criteria.

The notary may ask you to prove the foreign regime, for example with a certificate or legal opinion. Ask the notary early which documents they need.

How the deed records it

The notary writes each buyer's marital status and regime in the deed, based on your declaration. The Land Registry then registers the property as the deed says. A mistake here is hard to fix later, so check the wording before you sign.

Unmarried partners

Under general Spanish law, an unmarried partner has no rights in a home titled only in the other partner's name. That means no ownership share, no inheritance and no say over a sale.

Many regions have partnership laws (pareja de hecho) that give some protection. Examples are temporary use of the shared home or compensation if you separate. A few regions, including Catalonia, Navarra, Aragón and the Basque Country, give limited inheritance rights. You often need to register as a couple. Courts sometimes recognise a claim in other cases, but you should not rely on that. If you want to be protected, put both names on the deed with stated shares.

The family home and your spouse

If you are married, selling or mortgaging the family home needs your spouse's consent, or a court's authorisation. This applies whichever spouse owns it. A sale without consent can be challenged for 4 years, although a good-faith buyer is protected in some cases. The notary asks the owner to declare whether the property is the family home. Catalonia, Aragón, Navarra, the Basque Country and Valencia have similar rules with differences.

Use the decision, documents and checklist below to settle how you will hold title.

Choosing between options

How should you buy the property if you are a couple?

• As marital property: Fits if you are married under a community regime (gananciales), the default in common-law territories.

• As private property of one spouse: Fits if your regime keeps assets separate, as in Catalonia, the Balearics and Valencia, or if a prenuptial agreement says so. The deed states it is private.

• As co-owners in stated shares: Fits if you are unmarried or want fixed shares. Each of you can sell or mortgage your own share.

Your marital regime decides: for marriages on or after 29 January 2019 it follows your chosen law, or else your first common home after marriage, then common nationality. Earlier marriages look first at common nationality. Whatever you choose, selling or mortgaging the family home needs both spouses' consent.

Documents you need

• Passport or NIE (Spain's foreigner ID number) for each buyer, shown to the notary.

• Marriage certificate, if you are married and buying as a couple.

• Prenuptial agreement (capitulaciones matrimoniales), if you have one.

• Foreign-law certificate or legal opinion on your marital property regime, if you are a foreign couple and the notary asks for proof of it.

Checklist

• Decide whether the property will be held by one owner, by several co-owners in stated shares, or through a company.

• Agree the share each co-owner holds, so the deed can state it.

• Tell the notary your marital status and matrimonial regime, and whether you are buying as private or marital property.

• Ask the notary in advance which documents they need to prove your regime.

• If you are an unmarried couple, check your region's partnership law and whether you must register as a couple.

• Check with a lawyer how a share passes on death before you sign.

What to watch out for

• Any co-owner can force a sale: Any co-owner can demand that the property be divided, which can end in a forced sale. Co-owners also have pre-emption rights if another co-owner sells their share. Agree the rules between co-owners with a lawyer before you buy.

• Decisions on the whole property need everyone: Each co-owner can sell or mortgage only their own share. Selling or mortgaging the whole property needs all of them. Settle with your co-owners who decides what before you sign the deed.

• A sale of the family home without your spouse's consent can be undone: Selling or mortgaging the family home needs both spouses' consent, or court approval, even if only one spouse owns it. Without it the sale can be challenged for 4 years. Get your spouse's written consent or a court's approval before you sell or mortgage, and declare the home's status to the notary.

Frequently asked questions

Does my unmarried partner get any rights if the home is only in my name?

No, under general Spanish law an unmarried partner has no share, no inheritance and no say over a sale of a home titled in your name alone. Many regions have partnership laws (pareja de hecho) that give some rights, such as temporary use of the shared home or compensation on separation, and usually you must have registered as a couple.

Which country's marital property rules apply if we are a foreign couple buying in Spain?

For couples who married on or after 29 January 2019, the rules follow your own choice of law if you made one, such as the law of your habitual residence or nationality. Without a choice, they follow the law of your first common home after marriage, then common nationality.

Can my spouse block me from selling or mortgaging our family home?

Yes, if the home is your family home, you need your spouse's consent or a court's approval to sell or mortgage it, even if only you own it. A sale without it can be challenged for 4 years, although a good-faith buyer is protected in some cases. The notary will ask you to declare whether it is the family home.

What happens to a co-owner's share if they die?

A co-owner's share passes by their will or by the inheritance rules, and regional civil law may protect forced heirs. The other co-owners keep their own shares. A lawyer or tax adviser can tell you the tax effects.