Under Spanish law, there are several types of matrimonial property regime
Community property regime.
This is the default regime in the Autonomous Community of Andalusia, where common law applies. By means of the community of acquisitions, the profits or benefits obtained indistinctly by any of the spouses since the celebration of the marriage become common for the spouses, which will be attributed to them in half when the marriage is dissolved. The economic regime may be modified at any time and without limit of times.
There are two types of property: private property (that which each spouse had before the marriage, for example) and community property, which belongs to the community of property.
Separation of property regime
In the regime of separation, each spouse shall own the property which he or she had at the time of its commencement and any property acquired thereafter by whatever title. Each spouse shall also have the administration, enjoyment and free disposal of such property.
There is only the separate property of each spouse. In case of dissolution there are no assets to be divided.
Participation scheme
Under the participation regime, each spouse acquires the right to share in the profits made by his/her partner for as long as the participation regime has been in force. It is rarely used.
Marriage contracts
The spouses may establish the matrimonial property regime that best suits their interests and, in this case, the instrument used for this purpose is the matrimonial property agreement.
A marriage contract is a contract, which can be concluded before or after the marriage and which is intended to regulate the matrimonial property regime or any other provisions of the marriage.
In order to be valid, they must always be formalized in a public deed.
