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Inheritance

Buying as a Couple: Community vs. Separation of Property

The property regime determines who owns the home and what happens in a break-up or inheritance. In Catalonia, the default rule is separation of property.

Inheritance · Updated October 2026 · 6 min read

✓ Content reviewed by collaborating registered lawyers of the platform. Last updated: October 2026. Based on official sources (BOE, Generalitat de Catalunya, Agència de l'Habitatge, ICAB). See our editorial policy.

When a couple buys a home, the matrimonial property regime (or its absence, for unmarried couples) determines who owns it and what happens in a break-up, debts or inheritance.

Separation of property (standard in Catalonia)

In Catalonia, the default regime is separation of property: each spouse keeps their own estate. The home belongs to whoever appears as the owner and in the percentage stated in the deed (for example, 50/50). It is key to define those percentages well according to what each contributes.

Community property

Under the community property regime (standard in much of Spain, not the default in Catalonia), what is acquired during the marriage is usually shared 50%, regardless of who pays.

Unmarried and de facto couples

Without marriage, each owns their share (co-ownership). A pact is advisable to regulate contributions, expenses and what happens if it is sold or one wants to leave (linked to the dissolution of co-ownership).

Frequently asked questions

We answer your questions


Separation of property: each spouse keeps their estate and the home belongs to whoever appears as owner in the percentage stated in the deed. In other parts of Spain the default regime is community property.

Each acquires their share in co-ownership. A pact regulating contributions, expenses and what happens if one wants to sell or leave is highly advisable, to avoid future conflicts.

In Catalonia the default legal regime is separation of property: each spouse keeps ownership of what they acquire, unless they buy jointly stating the shares.

It depends on who contributes and in what proportion. The deed should reflect each person's real share according to their contribution, to avoid conflicts and tax problems.

If it is jointly owned, it is split according to the shares or the co-ownership is dissolved. A prior agreement regulating contributions and exit avoids many disputes.

Buying a home as a couple?

We advise you on the regime and ownership percentages to protect you both.

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