Buying Property in Spain as a Couple

When a couple buy a property in Spain together, how it is put in their names matters: it affects what happens if they separate, when one of them dies, and how the property is taxed. Tomas Ballestero Lawyers advises couples on this before they sign, from our office in Jávea and our associated office in Dénia, on the Costa Blanca.

Married couplesWhose name goes on the deed?

For a married couple, the answer depends on the property regime of the marriage. Under a Spanish community of property, the sociedad de gananciales, the property can be bought for the community. Under a separation of property or a foreign regime, it is usually bought in shares, for example half each. Which regime applies depends on where and when the couple married and where they lived first. We check it before the deed is drafted.

Unmarried couplesShares and an agreement

An unmarried couple buy in shares, which are stated in the deed. It is worth agreeing in writing what happens if they separate, if one of them wants to sell, or if one of them paid more than the other.

Looking aheadWhat the choice affects

• A separationHow the property is divided, or how one buys out the other.
• An inheritanceWho inherits each share. We prepare a Spanish will for the property for clients whose purchase we handle.
• TaxEach co-owner is taxed on their own share and, as a non-resident, files their own annual tax return for it.
• A mortgageBoth buyers are usually liable to the bank for the whole loan.

Frequently asked questions

Can we change the shares later?

Yes, but a later change is a transfer between the owners, with its own deed and its own taxes. It is better to get it right at the start.

Do we both have to sign?

Yes, both buyers sign the deed, in person or by power of attorney.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also property lawyers on the Costa Blanca and the nota simple.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling a property? See selling a property in Spain as a non-resident.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.