Distribution of Matrimonial Assets following divorce in SpainDivision of Assets Under Separación de Bienes
This, or a variation of it, is the default choice in Catalonia, Aragón, Navarra, Balearic Islands and Basque Country.
Where a couple are married under ‘separación de bienes’ then each spouse is considered to own that which they brought into the marriage i.e. owned before they were married as well as that which they have acquired during the marriage either by purchase, inheritance or gift.
They may dispose freely of such goods and assets as they wish.
So, where the couple purchases an asset, say a car, and one pays 75% of the cost while the other spouse pays the remaining 25% then upon divorce they would be entitled to a percentage of the value of the car based upon the percentage that they contributed to the purchase price.
If it is not possible to determine which of the spouses is the owner of a particular asset then it is split 50-50.
In terms of contributions made towards the cost of assets, recent court rulings suggest that the spouse who stays at home to look after domestic chores, raising children etc, may have a financial value attributed to that work.