Why do I need Apostilled and Legally Translated Marriage Contracts to Buy a Property on a Privative Basis?

Purchasing a property in Spain is a process that can present many challenges, especially for those looking to buy privately when married under a different matrimonial property regime than the separation of property. At Welex, experts in property law located in Marbella, we understand the importance of protecting your property interests and ensuring that all transactions are carried out in accordance with Spanish law.

When you decide to purchase a property on a privative basis, that is, in your name only and not as part of the marital estate, it is essential to present certain documents that validate this intention. One of the most important documents in this process is the legally translated and apostilled marriage contracts. In this blog, we explain why this requirement is crucial and how to comply with it.

What are the Marriage Contracts in Spain?

The Marriage Contracts in Spain are an agreement between the spouses that establishes the matrimonial property regime to which they will be subject during the marriage. This document can define, for example, whether the acquired assets will be shared (sociedad conyugal) or whether each spouse will have exclusive control over their own assets (separación de bienes).

Why do I need to Apostille the marriage contract in Spain?

An apostille is a certification that authenticates the signature, seal or position of a public document issued in one country, so that it is recognized as valid in another country. This is essential in international transactions. By apostilling your marriage contracts, you guarantee that this document is legal and validated abroad, which is indispensable for the purchase of a property in another country.

Importance of Legal Translation in Spain

A legal translation in Spain is a specialized translation that not only translates the text of a legal document, but also ensures that the legal meaning and technical accuracy of the original is maintained. By legally translating your marriage contracts, you ensure that the authorities and entities involved in the purchase of the property clearly understand the content and validity of the document in their own language.

What are the risks if I do not present these documents?

1. Invalidation of the Purchase Process: Without apostilled and translated marriage contracts, the purchase of the property may be considered invalid.
2. Legal confusion: You could face legal problems when trying to prove that the property is your exclusive domain.
3. Delays and Additional Costs: Lack of the required documents can lead to significant delays in the purchase process, as well as possible additional costs to rectify the situation.

In summary, legally translated and apostilled marriage contracts are essential for those wishing to purchase a freehold property in Spain. This process ensures that your investment is protected and complies with current regulations, avoiding legal complications in the future.

At Welex, law and accountant firm in Spain, we are here to assist you through every step of this important process. Our team of experts will take care of the apostille and legal translation of your marriage contracts, ensuring a safe and smooth purchase.