Our law firm has extensive experience in determining the matrimonial economic regime that govern foreign marriage in regards to the acquisition of property in Spain. In this blog, we hope to offer a very brief description of the legal various matrimonial regimes that exist in the countries around Spain as they apply to property you accumulate in Spain.
Spain
In Spain, in the absence of a contract or agreement between the spouses, the applicable matrimonial regime is one of community of acquisitions. In this matrimonial regime, the spouses acquire property as a couple mutually and any benefits obtained by each of the spouses while this regimen is in force are divided equally when the marriage is dissolved.
Germany
In Germany, we also find a community of accrued gains, similar to the matrimonial property regimen, which may correspond in fact to a separation of assets. The assets owned by each spouse prior to the marriage do not become a joint community after the marriage. The assets acquired during the marriage will be divided equally once the marriage ends either as a result of divorce or of the death of one of the spouses.
Belgium
Unless an agreement is signed by the spouses, the legal matrimonial regime will be that of community of acquisitions for those assets acquired after the marriage has begun; there is a separation of assets that governs assets owned prior to the marriage.
Portugal
Unless there is a marriage contract, the legal property regimen would be that of a community of acquisitions.
Ireland
The assets of each of the spouses before marriage or acquired by either of them during the marriage remain the property of that spouse. There would be no community of goods. In case of separation or divorce, one of the spouses could stake a claim over the assets of the other spouse through legal action.
Italy
The legal matrimonial regime is community of property.
Denmark
In Denmark, the statutory matrimonial property regime is deferred community of property.
Sweden
In Sweden, the statutory matrimonial property regime is deferred community of property. Those assets that were not purchased prior to the marriage are marital property.
Luxembourg
In Luxembourg, there also exists a community of property regime, which distinguishes between common property and separate property for each of the spouses.
United Kingdom: England, Wales, Scotland
In the United Kingdom and Wales, there is no matrimonial property regime defined. Therefore, there is no community of goods. For practical purposes, it may be interpreted that the goods acquired by the spouses during the marriage will be considered as private property of each spouse.
In Scotland, the matrimonial regime would be a separation of property.
France
In the event that there is no marriage contract, the matrimonial regime would be a community of property or community of acquisitions and of assets which are joint and acquired after the marriage.
Netherlands
In Netherlands, in default of a marital agreement, the regimen applicable is community property.
Finland
Both the assets acquired prior to the marriage and those that each spouse acquires during the marriage shall be considered common property. This means that a spouse is able to acquire the spouse’s previous held property once they are married.
We will continue to expand on this information in regards to other countries in future blogs.
The lines above are supposed to serve only as a very general overview of the matrimonial regimes in surrounding countries. It is not intended to be comprehensive legal advice. Issues in matrimonial and patrimonial matters must be properly studied according to the details of each specific case.
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