Types Of Matrimonial Regimes
The matrimonial property regimes (known simply as matrimonial regimes) consist of a set of norms that govern the relationships or economic agreements established between the members of a couple, or between them and the other individuals.
These relationships are detailed and regulated in Title Three of Book IV of the Spanish Civil Code. More specifically, if we want to investigate the legality of matrimonial regimes, we must go to articles 1315 to 1444. But, from article 1435, the separation of property is dealt with in the event of dissolution of these relationships.
Basic considerations on marriage regimes in Spain
As an introduction, the general provisions expressed in article 1315 define that the economic regime applicable to a marriage will be that which both spouses have voluntarily agreed to in the marriage agreements.
It is expected that people enjoy total freedom when choosing and regulating the regime of their marriage, without imposing other limits or conditions than those already set out in the Civil Code.
Gains in the absence of regulation
It is also regulated that, in the absence, nullity or ineffectiveness of matrimonial agreements, generally, a community property regime is adopted. And, in the event that any modification in the current regime is necessary, this should not affect the goods that have been acquired by third parties.
Later, in article 1318, it is stated that the assets involved in the matrimonial regime may be subject to a lifting of the marriage charges. When one of the spouses refuses or fails to comply with this duty, the other party may go to court to request precautionary measures in order to specify said procedure.
It is also important to note that, in the event of the death of one of the members of the marriage, the belongings that make up the common household trousseau (such as clothes and furniture) will be given to the spouse who is still alive and will not be counted under his / her credit. This is determined in article 1321 of the Civil Code.
Marriage regimes in Spain: what types are legally provided for?
The Spanish Civil Code provides and regulates three types of matrimonial regimes, the particularities of which we will review below:
Society of property
It is regulated in articles 1344 and following of the Civil Code, determining that the gains and benefits are made common for the spouses, without discriminating which of them has generated them. In the event that the marriage is dissolved, the assets must be attributed in half (50% to each individual).
This regime can also be extended to private property belonging to only one of the spouses, with the exception of those that have been acquired before the celebration of the marriage or those that result from donations and inheritances.
Likewise, the income obtained from all these private assets (without distinction of origin or nature) are considered earnings, so they are subject to the economic regime of marriage.
Profit sharing
It is regulated in articles 1411 and following of the Spanish Civil Code, determining that a person has the right to participate in the benefits and gains generated by their spouse while the marriage relationship is in force.
Therefore, each spouse normally manages their assets, but in the event that the relationship is dissolved, a community will be created with the aim of compensating the gains obtained during the life of the marriage. That is, there will only be a distribution or adjustment of earnings in the event that the spouses decide to legally separate.
Separation of property regime
As we have seen in the introduction, the separation of property is regulated from article 1435. In this regime, each spouse preserve the integrity of rights over the property that belonged to him before the celebration of the marriage. Therefore, each of the spouses, according to this regime, will enjoy total freedom and autonomy in the acquisition, administration and disposition of their properties.
Likewise, matrimonial property separation regimes do not require that all property be individually owned. The spouses may share certain assets, thus celebrating a joint ownership relationship over certain properties. This is quite common in relation to family housing.
In some Autonomous Communities, such as Catalonia and the Valencian Community, this regime is adopted in cases of non-existence, ineffectiveness or nullity of marriage agreements between the spouses.
