Divorce and Property Ownership in Spain

When a couple who own a property in Spain decide to divorce, the house is often the largest asset to deal with. In a divorce by mutual agreement, the spouses decide what happens to it in the settlement agreement, the convenio regulador, and the change of ownership is then formalised before a Spanish notary and the Land Registry. Tomas Ballestero Lawyers handles this for international couples, from our office in Jávea and our associated office in Dénia, on the Costa Blanca.

First question Which property regime applies?

How the assets are shared depends on the property regime of the marriage. In Spain the two most common are the community of property, the sociedad de gananciales, and the separation of property, the separación de bienes. For international couples the regime is often governed by a foreign law, depending on where and when they married and where they lived first. We check this at the start, because it decides what belongs to whom.

The agreement What can happen to the house

• SellingThe property is sold and the proceeds are divided as agreed.
• One spouse keeps itThe other spouse’s share is transferred by a deed before a Spanish notary and registered at the Land Registry.
• Keeping it togetherPossible, but the agreement should set out who pays the running costs and what happens if one of you wants to sell later.
• Use of the family homeWhere there are minor children, the agreement also decides who lives in the family home.

Mortgage When there is a mortgage

If the property has a mortgage, both spouses usually remain liable to the bank, whatever the divorce agreement says. For one spouse to keep the house and the other to be released, the bank has to agree. We raise this with the bank before the agreement is signed.

The Spanish tax consequences depend on how the property is owned and how it is transferred. We check them before anything is signed. Assets in other countries are a matter for an adviser there; we coordinate the Spanish side with them.

Frequently asked questions

Is the house in Spain divided under Spanish law?

Not always. It depends on the law that governs the property regime of the marriage, which we check first.

What if we cannot agree?

Our family practice is limited to divorces by mutual agreement. Tell us the situation and we will tell you honestly whether an agreement looks possible.

Can each of us have our own lawyer?

Yes. Each spouse can be represented by their own lawyer.

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 divorce in Spain by mutual agreement.

Tomas Ballestero Lawyers has advised international clients for more than 30 years.

The lawyers who will handle your divorce

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 the family home? See selling a property in Spain as a non-resident.

Related: Contact our Divorce & Family Law

How we meet In person in Jávea, or remotely

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

Remotely, from homeMost of the preparation is done by email, phone, WhatsApp and video call. Where Spanish law requires you to confirm the agreement personally, we tell you from the start how and where it can be done in your case.

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 step What 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.