Marital property regime (régimen económico matrimonial) after moving to Spain

Terms used

• Gananciales — Gananciales is the default Spanish regime where most assets earned or bought during the marriage belong to both spouses.
• Capitulaciones matrimoniales — Capitulaciones matrimoniales are a marital agreement, signed before a notary, that sets or changes your property regime.
• Vecindad civil — Vecindad civil is a Spanish citizen's regional civil status, which decides which regional civil law applies to them.
• Registro Civil — The Registro Civil is the public register where births, marriages and similar life events are recorded.

Key rules

• Marriage date: Marriages from 29 January 2019 follow the EU rules; earlier marriages follow the Spanish Civil Code.
• Foreign prenup: A valid foreign prenup is generally respected, but registering it in Spain usually needs a notarial deed or apostille and a sworn translation.
• Region: If Spanish law applies and you have no agreement, the default regime depends on the region.
• Changing regime: You can change your regime at any time by notarial deed, but it cannot harm third parties' existing rights.

Which rules decide your regime

Your marriage date decides which set of rules applies. Moving to Spain does not automatically switch you to a Spanish regime.

Married on or after 29 January 2019. EU rules apply. Without a valid choice, the law of the country where you both first lived after the wedding governs. If there was no such country, the law of your shared nationality applies. Failing that, the law you are most closely connected with applies.

Married before 29 January 2019. The Spanish Civil Code decides. It looks in this order at:

1. Your shared nationality at the time of the wedding.
2. The law you chose in a public deed before the wedding.
3. The law of either spouse's habitual residence.
4. The law of the place of marriage.

The EU rules apply only to marriages, or choices of law, made on or after that date. They do not cover registered partnerships, which follow separate rules.

If the answer is a Spanish regime

If the rules point to Spain, the regime depends on the region. These rules differ by region:

• Most of Spain, including Madrid and Andalusia: gananciales. Most of what either of you earns or buys during the marriage belongs to both.
• Catalonia and the Balearic Islands: separation of property. What is in your name stays yours.
• Valencia: gananciales. A regional law set separation, but it was annulled in 2016.
• Galicia: gananciales.
• Aragón: a similar regime called consorcio conyugal.
• Navarra: a community of gains, which spouses can freely vary by agreement.
• Basque Country: gananciales in most areas. Parts of Bizkaia (Tierra Llana, Aiala and Llodio) use a shared-property system called comunicación foral.

Spanish citizens have a regional status called vecindad civil. Foreigners do not have one. For couples married in 2019 or later where Spanish law applies, the region is chosen by where you habitually live.

Foreign prenups

A prenuptial agreement made abroad is generally respected if it is valid. At minimum it must be written, dated and signed by both spouses. If the law of your habitual residence adds formalities, you must meet those too.

To register its effects in the Spanish Property Registry (for example, for a home you buy), expect to need a notarial deed or an apostilled copy of the agreement, plus a sworn translation into Spanish. The documents list below sets this out.

Choosing or changing your regime

You can choose or change the governing law after the wedding. Under the EU rules, you can agree to use the law of either spouse's country of habitual residence or nationality. The agreement must be written, dated and signed by both of you. In Spain a notary usually formalises it as a deed.

The change works only for the future unless you expressly agree otherwise. It cannot harm rights third parties already have.

You can also change your regime with capitulaciones matrimoniales. These are marital agreements signed as a public deed before a notary, before or after the wedding. The notary should note the deed on your marriage entry in the Registro Civil. If property is involved, it should also be recorded in the Property Registry so it binds third parties.

Before signing, ask the notary about tax and inheritance effects. The choice can change both.

What to do next

Work through the checklist below. Because the result depends on your dates and where you have lived, have a notary in your region confirm which regime applies to you.

Choosing between options

Which rules decide your marital property regime?

• EU rules (Regulation 2016/1103): You married on or after 29 January 2019, or chose a law on or after that date. Without a choice, the law of your first common habitual residence after the wedding applies, then common nationality, then the closest connection.

• Spanish Civil Code rules: You married before 29 January 2019. Your common national law at the time of marriage comes first, then a law you chose in a public deed before the wedding, then the habitual residence of either spouse, then the place of marriage.

• Choose or change by agreement: You want a different law or regime after moving. You can agree in writing, dated and signed by both, usually by notarial deed, with effect for the future only unless you both agree otherwise.

Start with your marriage date. If the rules point to Spain and you have no agreement, the default of your region applies: gananciales in most of Spain, separation of property in Catalonia and the Balearics.

Documents you need

• Your foreign prenuptial agreement, written, dated and signed by both spouses, plus any extra formalities your country of habitual residence requires.

• A notarial deed or an apostilled copy of the foreign agreement, needed to register its effects in the Spanish Property Registry (Registro de la Propiedad).

• A sworn translation of the foreign agreement into Spanish, needed to register its effects in the Spanish Property Registry.

Checklist

• Find your marriage date and note whether it was before or after 29 January 2019.

• List where you both lived after the wedding, starting with your first common habitual residence.

• Check whether you signed a prenuptial agreement or chose a governing law, and that it is written, dated and signed by both spouses.

• Ask a notary in your region which default regime applies if you have no agreement.

• Ask a notary whether a deed is worth signing to change your regime, and what it means for tax and inheritance.

Frequently asked questions

Does Valencia use separation of property by default?

No, Valencia does not use separation of property by default, because its 2007 regional law was annulled in 2016. The Civil Code default of gananciales, a community of acquisitions, applies there instead.

Can I change my marital property regime after moving to Spain?

Yes, you can change your regime at any time, usually by a public deed before a notary signed by both spouses.

Do foreigners have a regional civil status (vecindad civil)?

No, foreigners have no vecindad civil, so it does not decide their regime. For marriages from 29 January 2019, if the rules point to Spanish law, the region is chosen by your habitual residence.