Buying a home as a couple in Barcelona and Catalonia: separate property, survivorship pact and wills
By default, married couples in Catalonia keep separate property. What that means when you buy, sell or one of you dies, and how to protect yourselves.
In Catalonia, unless you sign a marriage contract, the default regime is separation of property. Many couples from abroad only find out when they sell or one of them dies. Depending on where and when you married, a foreign law may apply instead.
When buying: each owns their share
The home belongs to whoever is on the deed, in the stated shares. If one pays more than the other, put it in writing.
The family home is protected
Even if only one spouse owns it, they cannot sell or mortgage it without the other's consent or a court authorisation (art. 231-9).
The survivorship pact
When buying together, spouses can agree in the deed that if one dies, the other becomes owner of the whole home (art. 231-15). The survivor pays inheritance tax with the spouse's 99% relief, and the home stays out of the deceased's estate.
A will is still essential
Without a will and with children, the surviving spouse gets a life interest (usufruct) over the estate, not ownership. Children's forced share in Catalonia is a quarter of the estate.
When selling
Both owners sign and each declares their share of the gain, with possible exemptions (reinvestment, over 65).
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Sources: Catalan Civil Code, book two (arts. 231-9, 231-15, 232-5, 233-20), Barcelona city council (IIVTNU), Catalan Tax Agency. General information: every family situation needs a lawyer's advice.