{"id":1072,"date":"2011-05-06T11:09:01","date_gmt":"2011-05-06T11:09:01","guid":{"rendered":"http:\/\/www.asociacion-eurojuris.es\/en\/?p=1072"},"modified":"2020-04-11T07:20:38","modified_gmt":"2020-04-11T07:20:38","slug":"judicial-division-of-assets-in-spain","status":"publish","type":"post","link":"https:\/\/www.asociacion-eurojuris.es\/en\/judicial-division-of-assets-in-spain\/","title":{"rendered":"Judicial Division of assets in Spain"},"content":{"rendered":"

We are sometimes faced with situations where we have a shared heritage<\/strong> with others for various reasons, for example, because of buying in common and undivided, because they inherited a property in common<\/strong> with others, because they were married under the matrimonial property regime and purchased goods during \u00a0the marriage.<\/p>\n

Various procedural laws and division manners are applicable in Spain<\/strong>, depending on the different Spanish Autonomous Communities they are.<\/p>\n

In Castile and the rest of Spain where there are no special laws<\/strong> or where they should not apply, the rules for the division of common property are found in Articles 400 and following \u00a0of the Spanish Civil Code.<\/p>\n

In Spain, basically, any owner can ask for the dissolution of the common property<\/strong> and this right does not prescribe.<\/p>\n

If the goods are indivisible and the co-owners do not agree to award them to one of them, compensating the others, they will sell the goods and distribute the price.<\/p>\n

In Catalonia, when the object of the community is indivisible, significantly detracts from the split, or is a collection that integrates the artistic, literary or documentary heritage, it is awarded to the co-owner who has an interest in it. If there is more than one interested in it, to the one with the largest share. In case of equal interest and participation, it is decided by drawing lots. The successful one must pay the others the appraised value of his participation.<\/p>\n

When the co-owner parties do not agree to divide or share those common goods, they have no other choice than to go to Court, which will be the one who performs the necessary operations to divide and liquidate those assets.<\/p>\n

However, the procedures of division and liquidation of assets are common practice throughout the Spain.<\/p>\n

We can distinguish essentially three different procedures<\/strong>:<\/p>\n