Do you have assets and don’t know how to organize your divorce?
Thursday, November 27, 2025
Communications team
When a divorce affects a couple with significant assets—real estate, investments, accounts, business shares, or inherited property—the breakup stops being solely an emotional process and becomes a legal and economic matter of the highest importance. In these cases, the way the assets are organized determines not only the division of property but also the future stability of each member of the couple.
In Spain, the treatment of assets during a divorce depends directly on the matrimonial economic regime: community property or separation of property. This regime determines what forms part of the shared estate, which assets are considered private, and which must be valued or liquidated. When proper planning has not been done, or there is confusion between ownership and contribution, the process can lead to conflicts, delays, and judicial decisions that could have been avoided.
That is why, before initiating any divorce proceedings—especially when significant assets are involved—it is essential to understand how the economic regimes work, which assets may become disputed, and how the liquidation is organized to protect the interests of each party.
What happens to the assets in a divorce? The role of the economic regime
The starting point for understanding how assets are divided in a divorce is the matrimonial economic regime, which serves as the legal framework for determining which assets belong to both spouses and which are private to each one.
In Spain, the two most common regimes are:
1. Community property regime
It is the most common regime in much of Spanish territory (except in regions with their own civil law, such as Catalonia or the Balearic Islands, where the default regime is separation of property). In the community property regime, assets acquired during the marriage are generally considered shared, regardless of who is listed as the owner.
This includes:
- Income of both spouses
- Real estate purchased during the marriage
- Vehicles, furniture, and durable goods
- Bank accounts where joint salaries are deposited
- Investments made with community property funds
However, they are considered private (unless proven otherwise):
- Assets acquired before the marriage
- Inheritances and gifts received individually
- Assets purchased with properly documented private funds
The challenge in many divorces arises when there are financial mixtures: for example, a private property improved with community funds, or a mixed investment where contributions from both parties exist.
2. Separation of property
In this regime, each spouse retains ownership of the assets they acquired before and during the marriage. It is a regime that provides clarity, but it does not completely eliminate areas of conflict. It is common for one spouse to claim reimbursements for contributions made to the other’s assets, or for there to be disputes over whether certain improvements should be financially compensated.
In both regimes, not only are assets analyzed: debts can also be shared or private, and their distribution in the divorce can have a significant impact.
Therefore, the matrimonial economic regime completely determines how assets are organized and divided. Understanding it from the outset allows for a more orderly divorce, helps avoid disputes, and adequately protects each party’s assets.
Community property regime: how shared assets are divided
When the marriage is under the community property regime, the divorce entails the dissolution of the community property and, with it, the need to inventory, value, and liquidate all shared assets and debts. This process can be straightforward when the estate is small, but it becomes significantly more complex when there are real estate properties, investments, or assets that are difficult to value.
Which assets are considered community property?
As a general rule (Articles 1347 and following of the Civil Code), the following are considered community property:
- Assets acquired for valuable consideration during the marriage
- Income from any work or professional activity
- Fruits, income, and returns from private assets
- Investments or acquisitions made with community funds
- Bank accounts where marital income has been deposited
Private assets that may cause conflict
Although private assets are not divided, they can give rise to disputes due to:
- Improvements made with community funds on a private asset
- Mortgage payments for a private asset made with community funds
- Mixed investments, for example, a property purchased partly with private funds and partly with community funds
- Undocumented contributions, which make it difficult to prove the source of the funds
In all these cases, the affected spouse has the right to reimbursements or financial compensation, which must be calculated precisely.
How the community property is divided
The usual process consists of three steps:
Inventory of assets and debts
- Community and private assets are identified and classified
- Common debts incurred during the marriage are also included
Valuation of the estate
- Real estate properties are appraised
- The value of vehicles, investments, bank accounts, businesses, etc., is determined
- In complex cases, experts or auditors may be involved
Liquidation and allocation
- Each spouse receives assets equivalent to 50% of the community estate.
- If it is not possible to physically divide an asset (for example, a property), it is sold or one party is financially compensated.
The community property regime, theoretically simple, can become especially complex when there are businesses, financial assets, partially inherited property, or investments in the name of only one spouse.
Therefore, the involvement of a specialized professional is key to avoiding imbalances and ensuring a fair and legally compliant liquidation.
Separation of property: it may seem simple, but it is not always so
The separation of property regime, common in regions such as Catalonia or the Balearic Islands and voluntarily chosen in many other areas, is often considered the “simplest” option for organizing a divorce. However, experience shows that it can also generate conflicts when the estate is substantial or when there is a mix of contributions and expenses during the marriage.
What is considered a private asset in a separation of property regime?
As a general rule, the following are considered private:
- Assets acquired by each spouse before or during the marriage
- Income or earnings obtained individually
- Inheritances and gifts
- Assets acquired exclusively with private funds
In theory, each spouse keeps what they purchased and what is in their name. But in practice, this rule becomes complicated when there is no clear financial separation within the marriage.
Most common areas of conflict
Even under a separation of property regime, significant disputes may arise:
1. Financial contributions between spouses
If one spouse helps the other acquire an asset (for example, by paying part of the down payment on a private property or covering mortgage installments), there may be a right to reimbursement or credit that must be carefully assessed.
2. Improvements or renovations on private assets
Improvements made with community funds or contributions from the other spouse generate financial compensation. This is common in private properties that were renovated during the marriage.
3. Mixing of funds
When private and community funds are mixed in the same account or investment, clarity about the source of the money is lost. This can lead to disputes over the nature of the asset or pending reimbursements.
4. Businesses and corporate shares
Even if ownership is private, the other spouse’s involvement in the business activity, or indirect contributions (for example, covering shared expenses to enable the business’s growth), can give rise to complex claims.
The separation of property regime offers more clarity than community property, but it does not eliminate the need to analyze each case in detail. The existence of contributions, improvements, shared financing, or indirect work in one spouse’s economic activity makes it essential to document, justify, and accurately assess each transaction.
In divorces involving significant assets, even under a separation of property regime, it is common to turn to specialized lawyers and, in some cases, financial experts to calculate compensations and avoid imbalances.
How a complex estate is valued and divided
When a couple accumulates significant assets, the divorce requires a thorough analysis of each asset. Dividing “50/50” is not enough: it is necessary to identify, value, and classify the entire estate, as well as the associated debts. In many cases, this phase is more important—and more delicate—than the divorce proceedings themselves.
Allocate the asset to one spouse and financially compensate the other.
The process begins with the preparation of an inventory that must include:
- Real estate and urban or rural properties.
- Vehicles.
- Bank accounts and deposits.
- Investment funds, stocks, and other financial assets.
- Pension plans and savings products.
- Shares in companies or family businesses.
- Inheritances and gifts.
- Mortgage debts, loans, and joint obligations.
This inventory must classify which assets are community (or shared) and which are private, as well as identify potential mixes of assets that may generate compensation.
Sell the property or asset and divide the proceeds.
To avoid conflicts, the valuation must be based on objective criteria:
- Real estate: official appraisals or market property valuations are used.
- Businesses and corporate shares: their valuation requires accounting analysis, cash flows, updated balance sheets, and often specialized expert reports.
- Financial investments: they are valued according to the current market status and available documentation.
- Movable assets and vehicles: they can be valued using official guides or professional appraisals.
The involvement of specialists is common when the estate includes complex or hard-to-value assets.
Maintain joint ownership temporarily, although this is usually an exceptional solution.
Once all assets have been valued, the division depends on the economic regime:
- In the community property regime, each spouse is entitled to 50% of the total value of the shared estate.
- In the separation of property regime, each spouse keeps what is theirs, but there may be credits or reimbursements if there were mutual contributions.
When it is not possible to divide an indivisible asset (such as a property or a business), several options exist:
- Allocate the asset to one spouse and financially compensate the other.
- Sell the property or asset and divide the proceeds.
- Maintain joint ownership temporarily, although this is usually an exceptional solution.
Documentation: key to avoiding conflicts
Financial, tax, and registry documentation is essential. Lack of documents can complicate the process, slow down the valuation, and even lead to unfavorable court decisions.
Conclusion and essential recommendations
When assets are involved, a divorce requires more than emotional agreements: it demands legal clarity, organized documentation, and a strategy to avoid costly mistakes. Understanding the matrimonial economic regime, distinguishing between private and shared assets, and correctly valuing the estate are essential steps to ensure a fair division and prevent unnecessary conflicts.
If you are facing a divorce involving assets, investments, or businesses, having specialized advice is the safest way to protect your interests. In such cases, a professional review of the estate, documentation, and potential financial compensations makes the difference between an orderly process and a prolonged conflict.
The GRÀCIACALBET team can help you analyze your situation, organize your assets, and plan a divorce process that protects your rights and ensures balanced solutions.
