My partner and I have just settled down here in Barcelona and finally got the house situation sorted. From viewing properties to finally signing at the Notaría, the whole process was a real learning experience. I’ve seen many people on the forums asking about property ownership when buying as a couple. So today, based on my own experience and the information I’ve gathered, I’m going to talk in detail about how to divide property between spouses and the whole business of the Spanish joint property deed. I hope this helps those of you who are currently navigating this!
Property Regimes: Gananciales or Separación de Bienes?
This is probably the first question every couple should consider before buying a house. Simply put, there are two main marital property systems in Spain, which directly determine the ownership of the property:
Community Property (Régimen de Gananciales): This is the default system in most regions of Spain. Any income earned and assets purchased by either spouse after marriage belong to both. Under this system, a house you buy is naturally owned 50/50 by each person.
Separation of Property (Separación de Bienes): The assets of each spouse remain separate. If you choose this system, you can freely agree on the ownership percentage when buying a property, for example, 70% for one person and 30% for the other, or 50/50. This requires a separate agreement to be signed at a notary, either before or after the marriage. We are in Catalonia, where this is the default system, so when we established joint property ownership for couples, we specified our individual contributions and ownership shares in the public deed.
Notarization Process and Required Documents
Once you’ve decided on the property regime, you move on to the exciting notarization stage. This step must be completed before a notary for the property to be legally transferred to your name. The entire process is very formal.
Here is a list of the documents we prepared at the time, which you can use as a reference. Specific requirements may vary slightly depending on the region and the notary’s office:
| Document Type | Details |
|---|
| Identification | Valid residence cards (TIE/NIE) and original passports for both spouses |
| Proof of Marital Status | Marriage certificate. If it’s a foreign certificate, it will need to be legalized (e.g., with an Apostille) and have a sworn translation. |
| Proof of Payment | Banker’s draft (cheque bancario) or proof of bank transfer |
| Property-Related Documents | Nota Simple from the Property Registry, proof of the latest IBI (property tax) payment, certificate of being up-to-date with community fees, etc. |
The notary will read the entire public deed (Escritura) aloud word-for-word in front of everyone. After confirming everything is correct, you all sign. Don’t find it tedious, it’s crucial to listen carefully! Pay special attention to the property description, price, taxes, and ownership distribution sections. If there’s anything you don’t understand, ask immediately—the notary is obligated to explain it clearly. After signing and making the payment, the notary will have the document registered. In a few weeks, you’ll receive your new property title deed!
One final tip: if one of the spouses is not fluent in Spanish, the notary will require you to bring a qualified interpreter. This is to ensure you fully understand the contents of the deed and to protect your rights. You will have to cover this cost yourselves. We hired an interpreter, and it gave us great peace of mind. I hope this information is helpful, and I wish you all the best in successfully finding your home in Spain!
