Family and Marriage
Notarial family matters: marriage (preliminary file and ceremony), registered partnerships, marital property agreements, divorce by mutual consent, dissolution of matrimonial property regimes and emancipation.
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The dissolution of the matrimonial property regime is the legal act by which the spouses settle and divide their joint assets and debts once the property regime has ended (through divorce, separation, death or a change of regime).
When does it apply?
After divorce or separation
When the marriage has been dissolved by divorce or there has been a judicial separation, the property regime must be liquidated so that the joint assets can be divided between the spouses.
When changing property regime
When spouses wish to change their regime (for example, from gananciales – community property – to separación de bienes – separate property), they must first liquidate the previous regime and allocate between them the assets acquired while it was in force.
On the death of a spouse
When one spouse dies, the matrimonial property regime must be liquidated to determine which assets belong to the surviving spouse and which form part of the deceased's estate.
Documents to Provide
Identity documents
DNI/NIE of both spouses (or of the surviving spouse and the heirs in the event of death).
Marriage certificate
Up-to-date marriage certificate, with the marginal note recording the divorce where applicable.
Divorce judgment or marital property agreement
In the case of divorce, the relevant judgment. If the regime is being changed, any previous capitulaciones matrimoniales (marital property agreement).
Property title deeds
Acquisition deeds for all the real estate to be allocated in the liquidation.
Information on assets and debts
A list of movable assets, bank accounts, vehicles and joint debts to be included in the liquidation.
Valuation of assets
An agreed valuation of the assets to determine a fair division. If there is disagreement, a professional appraisal may be needed.
After the signing
The notary's office handles registration of the liquidation deed at the Registro de la Propiedad (Land Registry) for real estate and at the Registro Civil (Civil Registry). We will let you know when the process is complete.
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