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PURCHASE OF SPAIN PROPERTIES. IMPORTANCE TO CONFIRM THE CIVIL STATE.

PURCHASE OF SPAIN PROPERTIES. IMPORTANCE TO CONFIRM THE CIVIL STATE.

If you buy a property in Spain, for some countries such as France, Belgium, Italy, Germany, Sweden, Canada, the United States, Latin America, etc., it is important to confirm the legal regime for buyers. Normally, there are two types of marriage depending on the country:

COMMUNITY OF GOODS:

France, Germany, Belgium, the Netherlands, Sweden, Switzerland, Denmark, Norway, Poland, Luxembourg, USA (some States)

In these countries, the basic system is the post-marriage community system.

SEPARATION OF BEATH:

In other countries, such as the United Kingdom, Ireland, Scotland, the United States (some of the states), Turkey and Muslim countries, this is the separation of property.

That said, many of our French, Belgian, Dutch, etc. customers are married in “separation of goods”, i.e. they have chosen a regime that is not the basis of their country. If this is the case, we must inform you that at the end of the sales process, you will have to provide an ORIGINAL of the marriage contract, legalised before a notary, with the apostille, and translated into Spanish (in case the notary does not speak your language).

In this regard, it often happens that the buyer who wishes to prove his matrimonial property regime is obliged to understand the document that he must provide in order to prove his matrimonial regime. Many of them come with an extract from the civil registry where it is proven that they are married, but, this report does not notice the matrimonial regime, so be careful with that.

Therefore, a buyer who is married in “separation” of goods, and a national from one of the countries with a system of “community” of goods must obtain one of the following documents:

– Original marriage contract – In this case, if it is “original” and issued by the justice of the peace, or by any public entity such as the municipal council, etc., the apostille is not necessary. Indeed, some countries, such as France, Belgium, etc., have concluded agreements with Spain stating that, when the document originates from a public body, it is exempt from the obligation of the aposto. But as a general rule our cabinet recommends that it is always better to get the apostille in all cases, it will give us security.

– Copies of the notarial marriage contract – In this case, the apostille must be obtained, because such a notarial deed, not originating notary, but from a notary, must be apostiled.

In the case of those who, from one of the countries where the system is owned by the community, married by separation, and that they do not provide the marriage contract, the sale may be made. The Spanish notary will authorize the sale. However, the following problems may occur:

That, if you decide to buy by only one of the spouses, the property may be registered in the name of both (in a “community” regime).

– If the buyer buys with a mortgage, the bank may refuse to approve the loan if the matrimonial regime is not proven.

Therefore, we recommend that, if you want to buy a property in Spain, and from one of the countries where the basic matrimonial system is the community of property, of:

– Locate the original of your marriage contract, display it and translate it into Spanish by an official translator.

– If you do not possess the original, you must go to a notary in the region who proves your matrimonial property by notarial deed, then apostle the notarial act and translate it.

– You can also obtain an extract from the civil registry (where your civil status must accredit as “separation”), and translate it as apostille in Spanish.