If you are getting married in Spain, or you are already married and unsure what happens to your money and property, it helps to know that Spanish law gives couples a choice. You are not stuck with one system by default, though one does apply automatically if you never make a choice.
This choice is set out in what's called marriage agreements ("capitulaciones matrimoniales"). If you and your spouse never sign one, or if it isn't valid, Spanish law automatically places you under the community property regime, known locally as "régimen de gananciales".
There are three types of economic regime to choose from.
Separation of property
Under this regime ("Régimen de Separación de Bienes"), each spouse keeps what is theirs. That includes anything owned before the marriage, anything received afterward by gift or inheritance or sale, and any wages, salary, or income earned from work, a profession, business, or trade. Everything stays separately owned. This separation can be total or partial.
Community property
Under this regime ("Régimen de Gananciales"), the earnings made during the marriage are pooled together and become shared property, called "bienes gananciales". This shared pool generally includes money earned through each spouse's work, any interest or returns generated from those earnings, and any company or business started during the marriage.
If you and your spouse never signed a marriage agreement choosing a different system, this is the regime that applies to you automatically under Spanish law.
Participation regime
Under this third option ("Régimen de Participación"), each spouse has the right to share in the gains the other one made during the marriage.
Which regime applies to you matters a lot if you separate or divorce, since it decides how property and earnings get split. If you are not sure which regime you are under, or whether you should sign an agreement to change it, it is worth checking before you assume the default applies to you.
