Joint bank accounts for couples in Spain

Key rules

• Default: Banks usually offer couples an indistinta account unless you ask for another type.
• Debt: The bank can claim an overdraft in full from either holder.
• Death: The deceased holder's share is frozen until the heirs prove they inherit.
• Closing: Everyone must agree to remove a holder or cancel, unless a court approves a settlement.

Which account type to pick

For most couples, an indistinta account is the practical choice, and it is the usual default at Spanish banks. A mancomunada account suits you only if you want each of you to have a veto over every move. The bank sets the type in the contract, so check it before you sign.

Who can hold one

Any two people can hold a joint account; you do not need to be married. A spouse shows the marriage certificate if the bank asks. A registered partner shows the partnership registry certificate. An unmarried partner is a co-holder by contract only, with no family status for the bank. A marriage or death certificate from another EU country needs no apostille. From a non-EU country it needs an apostille (Hague Convention members) or consular legalisation (all others), plus a sworn translation into Spanish.

Access: who can do what

Indistinta (either holder). Either of you can act alone: withdraw the whole balance and make transfers. Closing the account or removing a holder needs every holder's consent. You need to trust each other fully.

Mancomunada (joint signature). Both of you must sign together for operations. Neither of you can move money alone. It is safer against misuse, but slower and awkward for daily life.

Debts and overdrafts

In both types, you are normally liable together with your partner for the whole debt. If the account goes overdrawn, the bank can claim the full amount from either of you, not just half. If you pay more than your share, you can claim the difference back from your partner. The contract wording decides this, so read the liability clauses before you sign.

If one holder dies

The bank usually blocks the deceased holder's share once it is told of the death. This happens even in an indistinta account. The heirs must then prove they inherit, and inheritance tax must be dealt with: see Getting access to a deceased person's Spanish bank accounts. The survivor shows their ID and the marriage or partnership certificate, if there is one.

Ownership between holders is presumed equal unless you can show otherwise. Usually half the balance counts as part of the estate and is taxed as such. The survivor's own half is not inheritance. A spouse inherits by law. A registered partner inherits by law only in regions that give registered partners spouse rights, and otherwise needs a will. An unmarried partner inherits only through a will and is taxed as an unrelated heir, so make a will. Inheritance tax rules differ by region: How inheritance tax differs between Spanish regions.

If you separate

In an indistinta account, either of you can usually still withdraw money. Removing a holder or cancelling the account needs the consent of all holders, or a court-approved settlement. In a mancomunada account you still need both signatures. If you divorce, put the account in your agreement.

Practical tip: if a split looks likely, agree in writing how to divide the balance and close the account together.

Documents: the contract, and what the heirs need

• Joint account contract from your bank, which sets whether the account is indistinta or mancomunada and whether holders are liable for the full debt

• Death certificate of the holder, needed by the heirs to unblock the deceased's share of the account

• Will registry certificate (certificado de últimas voluntades), needed by the heirs to prove succession

• The will or a declaration of heirs, to prove who inherits the deceased holder's share