The different types of matrimonial regimes in Spain
The members of a marriage in Spain can choose, substitute or modify the economic regime that suits them best. The decision taken regarding the choice of this regime must be made clear in the so-called marriage agreements. If these do not exist or lack validity, the economic regime attributed to them is that of a profit/communitiy regime (the so called in Spain "régimen de gananciales").
Essentially, there are three types of economic regimes to be chosen by the spouses:
1.- The Property Separation Regime ("Régimen de Separación de Bienes"). In this type of regime, each member of the couple owns the assets they had before and after the marriage, as well as those obtained by donation, inheritance, sale, etc. Wages, salaries and earnings will also be their own assets. obtained for personal services, employment, professions, commerce or industry.
The separation of assets can be absolute or partial.
2.- Community Regime ("Régimen de Gananciales"). In this case, the earnings of the marriage are pooled. These gains are known as "bienes gananciales". At the same time, we can find within the latter several types:
• Those obtained by the work of the spouses.
• The interests derived from those gains.
• Companies or businesses that are formed during the marriage
By law, in Spain, the Community Regime is applied by default, in the case that they were not marriage agreements in this regard.
3.- The Participation Regime ("Régimen de Participación"). Here the members of the marriage have the right to enjoy the gains obtained by the other.