When a marriage ends, besides decisions about the children and maintenance, the couple’s assets must be divided: the home, bank accounts, vehicles, investments and also debts. How this is done depends on the matrimonial property regime, and in Barcelona there are couples married under community property (gananciales) and under separation of property, which is the default regime in Catalonia. In both cases the assets must be divided.
At MH & MG Abogados we have been helping couples divide their assets for more than 25 years from our offices in Barcelona and Roses (Girona). Here is how winding up community property and dividing jointly owned assets under separation of property work.
First: which regime applies to you
It depends not on where you live now but on your situation when you married:
- If you both had Catalan civil status (vecindad civil) and did not sign a marriage contract, your regime is separation of property.
- If you married with the civil status of another Spanish region without its own law, or agreed community property in a marriage contract, your regime is community property.
- If you are foreign nationals or married abroad, the applicable law must be determined. For marriages celebrated since 29 January 2019, EU Regulation 2016/1103 refers, absent an agreement, to the law of the spouses’ first common habitual residence.
The marriage certificate and, where applicable, the marriage contract deed will clarify this.
If you were married under community property
Divorce, judicial separation or a marriage contract dissolves the community, which must then be wound up:
- Inventory. The community assets are listed, meaning those acquired during the marriage through either spouse’s work or income, together with the shared debts. Each spouse’s separate property, such as inherited assets or those owned before the marriage, is excluded.
- Claims between the community and each spouse. If one spouse paid the mortgage on the shared home with separate money, or vice versa, this is offset in the division.
- Valuation and division. The assets are valued, two lots of equal value are formed and allocated, with cash adjustments if needed.
- Formalisation. This can be done by agreement before a notary or in the divorce settlement agreement. Without agreement, the court first draws up the inventory and then divides the assets.
If you were married under separation of property
Under separation of property there is no community estate: each spouse owns what is in their name. But almost every couple has jointly owned assets, such as a home bought together, a second home, joint accounts or a vehicle. These must also be divided, and there are three options:
- Sell and split the proceeds according to each spouse’s share in the title deed.
- Allocate the asset to one spouse, who compensates the other for their share. This is usual with the home when one of them wants to stay.
- Ask the court to divide it if there is no agreement. This can be raised in the divorce proceedings themselves (Article 438.3 of the Civil Procedure Act), and the judge can value all jointly owned assets together to form lots. If neither keeps the asset, it is eventually sold.
The share stated in the deed is the starting point, even if one spouse paid more. Claiming those differences is possible in some cases, but it depends heavily on the evidence and on what was agreed.
Catalonia also has a key mechanism: economic compensation for work (Article 232-5 of the Catalan Civil Code). If one spouse worked substantially more than the other in the home, or in the other’s business without sufficient pay, and the other ended up with a greater increase in wealth, they may be entitled to compensation of up to one quarter of the difference between the two spouses’ increases in wealth. It is claimed in the divorce proceedings and is often negotiated together with the division of jointly owned assets.
The mortgage and debts
Dividing the home does not change what is owed to the bank. If you both signed the mortgage, the bank can still pursue both of you even if the home is allocated to only one. For the spouse who leaves to be released, the bank must agree to a novation of the mortgage, and this is best negotiated before signing the division.
Use of the home and ownership are not the same
The judge may grant use of the family home to one spouse, for example the one who keeps the children, without changing who owns it. The right of use affects the division: a home subject to a right of use is worth less on the market and harder to sell, so both issues should be dealt with together. If you have children, you may also find our article on joint custody in Catalonia useful.
Tax and prior negotiation
Winding up community property and allocating jointly owned assets between spouses have specific tax treatment. It is worth checking before signing, because the way the division is structured can change the tax payable. If there is no agreement, an attempt at negotiation or mediation is required before going to court, as the law has demanded since 2025.
We help you divide your assets
At MH & MG Abogados we identify your regime, draw up the inventory, calculate any compensation, negotiate with the bank and the other party and, if necessary, defend your interests in court. Our partners are also registered mediators. You can also read our article on division of jointly owned property in Barcelona or visit our family law page.
Book an in-person or online appointment in Barcelona (+34 93 368 32 02) or Roses (+34 972 15 24 32), via WhatsApp (+34 653 964 658) or through our contact page. We will give you a no-obligation quote.