Separation of property: general aspects

One of the most important and also the most unknown aspects of marriage is the economic regime that governs it. In Spain, there are two main systems (separation of property or community of property) and choosing one or the other can have important implications for the marriage and, above all, at the time of a possible divorce.

In the territorial aspect, it must be said that in the whole of Spain, by default, the community of property regime applies, except in Catalonia, Valencia and the Balearic Islands where, by default, the separation of property regime applies. It is necessary to emphasise the concept “by default” because at the time of the marriage the couple can choose indistinctly and freely either of the two modalities and it is in the event that the couple does not express a preference in this respect that the modality corresponding to the territory where the marriage takes place will apply by default.

In the Catalan sphere that concerns us here, the separation regime is established and regulated by the Civil Code of Catalonia.

Finally, with regard to this matrimonial property regime, its main attribute is that the parties enjoy independence in their own assets, whereas under the regime of community of property, the assets of both parties are incorporated in equal parts into the matrimonial property.