In our article today we are going to talk about a topic that has not gone unnoticed lately and is also in the area of Family Law, it is about the types of matrimonial regimes that exist in Spain.
Before defining each one of them in detail, it should be made clear what is meant by a matrimonial property regime.
The matrimonial property regime is defined as that set of norms whose objective is to supervise the economic interests that are born or arise at the time of contracting marriage. The regime must be agreed voluntarily between the two parties, and leave a record of it at the time that the marriage agreements are carried out. It should be noted that in the event that the spouses do not determine what type of economic regime they wish to have when making the marriage agreements, the economic regime of community property will be adopted. Taking into account the regulations of each Autonomous Community, because in this case the provincial law of each of them operates.
It is substantial, knowing how to choose which economic regime you want to agree to, because this will have different consequences in the event of the dissolution of the marriage. Taking this into account, in our Civil Code there are three types of matrimonial regimes:
1. Property regime.
2. Regime of separation of assets.
3. Regime of participation in the gains.
Then we are going to explain what each of them consists of:
It is the regime in which all the benefits obtained throughout the marriage have a common character for the two spouses. This is the regime that is adopted by default, if at the time of making the capitulations you have not chosen another, as long as the foral regulations of each Autonomous Community are taken into account. As an example, we mention that in Catalonia the common regime is the separation of property, in the Valencian Community to vary the general regime if nothing is agreed against, it is the joint property.
In the community property regime, the existence of the following assets occurs at the same time:
In the first place, the exclusive patrimony of each of the spouses, understanding it as all the goods and rights that each spouse had before marrying and also all those that may be received once the marriage has been contracted, by way of inheritance or donation. .
Secondly, the joint property, which is what you will build during the marriage, which can originate as a result of the work of each of the spouses, as well as the income, fruits and interests that have been produced both thanks to the Community property as well as private property and also acquisitions for consideration that occur within the marriage.
In the event that separation or divorce occurs, and the marriage has been governed by the community property regime, the community property will be distributed equally between both parties, and the property will be owned by that party to which it corresponds.
SEPARATION OF PROPERTY REGIME
It is the regime in which there is no common patrimony, but each spouse has his own private patrimony.
It should not be forgotten that, although there is no common heritage as such, according to our Civil Code and more specifically Article 1438, it states that the spouses must contribute proportionally to pay the debts that are generated during the marriage.
Another element to highlight is the work done at home (that is, suppose that one of the spouses works, but the other is dedicated to maintaining and taking care of the house) since it contributes to the obligations of the marriage, so it is You will have the right to receive financial compensation, the amount of which will depend on the judgment of the judge, and which occurs as a direct consequence of the moment in which the matrimonial property separation regime is extinguished.
The advantage of this regime is that in the event that separation or divorce occurs, it is the simplest way to make the patrimonial liquidation, since in this case the patrimonies of each of the parties are clearly differentiated.
The participation scheme is the latest and least known that we have in Spain.
This regime is in which the parties maintain their own assets, that is, as if it were the property separation regime, but in the event of separation or divorce, it will proceed as if it were the economic property regime.
To be clear, we are going to describe the two stages clearly below:
1.During the marriage: each spouse has her own assets that she had before getting married and also the assets that they acquired after the marriage. As in the case of the property separation regime.
2. Moment in which the marriage is finalized: in the event of the divorce of the contracting parties, the distribution occurs in a manner similar to that of the community property regime.
We hope this post has been of help to you, and in case you have any questions, you can consult our lawyers specialized in Family Law. Remember that we protect your rights above all else.