Save your property after divorce

Property division is one of the most common disputes amongst separated couples in Spain. Every divorce case is different and understanding Spanish property laws is essential to reaching a just division.

The initial question that you should ask is what kind of property you´re dealing with. The acquired property may be divisible if a building has several floors or is a plot of land; cases like these are easier as long as the parties concerned reach an agreement. 

In dealing with non-divisible property or not reaching an agreement, it may be necessary to resort to a judicial procedure.

In Spain, there are two types of property; community property and division of property. Community property is acquired by both of the parties after the marriage, whereas division of property is the case in which an asset is owned individually pre and post-marriage.

In the cases of common property, the Spanish Civil Code states in Article 400: “No co-owner will be obliged to remain in the common property. Each of them may request at any time that the common property be divided,” allowing a fair distribution of the property. 

It is possible to extend the period of dividing the property for a maximum of 10 years, during which the asset remains undivided while the couple makes a decision.

In the cases where the property is indivisible or the separated couple fails to make concessions, article 404 states: “It will be sold and the price will be distributed.”

In the cases of judicial procedures, the division of the property will be foremost accessed concerning children´s interests and their place of residence. In cases without children, various aspects will be considered for the division of property, including one´s income, acquired assets and previous payments for the property.

The most common case in Spain is to sell the property and equally distribute the money obtained but in these cases, disputes may also take place, which can be resolved with legal assistance.