Dissolution of Joint Property Ownership in Spain

[Russ2]

Hi,
In Spain in the event of a divorce, in the situation where the couple own a property together (both names on the deeds), is the amount that each party has contributed taking into account when allocating ownership following the divorce? For example if one party has paid all of the costs inc. mortgage etc - is this relevant? Or are they always entitled to 50/50 as it states on the deeds? many thanks

[aflores]

Dear Russ2

The party who has contributed more can claim compesation from the other party, regardless of the distribution of the shares on the deeds. However, it has to be established whether the marriage is in community of property or not, and the origin of the funds used to pay for the mentioned costs associated to the property.

If there was not agreement between the parties, the judge would decide how to proceed.

I do not specialize in family law, therefore I recommend that you consult with a Spanish family lawyer.

Kind regards