Liquidation of Joint Acquisitions Lawyers

The liquidation of the jointly owned assets in a community of acquisitions regime (Sociedad de gananciales) is a crucial process in the field of family law, especially when a married couple decides to divorce or separate. In Madrid, having lawyers specialised in the liquidation of the community of acquisitions is essential to ensure that this procedure is carried out in a fair and efficient manner. At Winkels Abogados we are experts in this field, providing comprehensive advice to former spouses throughout the process.

The liquidation of a community of acquisitions involves dividing the assets acquired during the marriage between both spouses. This process can be complex and requires a thorough knowledge of family law. This is why the intervention of specialised lawyers is essential to ensure that the rights of both parties are respected and that the distribution of assets is equitable. Winkels Abogados offers specialised services to facilitate this procedure, ensuring that its clients receive the necessary support at every stage of the liquidation process.

Do you need a family lawyer?

We will respond as soon as possible.

Liquidation of Joint Acquisitions

What is the liquidation of a community of acquisitions?

The liquidation of a community of acquisitions is the process by which the partnership formed between the spouses during the marriage is first dissolved and then liquidated. Under this regime, all assets and gains obtained by either spouse during the marriage are considered common and must be divided equally upon dissolution of the partnership, whether by divorce, legal separation or death of one of the spouses.

This procedure consists of several steps, starting with the identification and valuation of all jointly owned assets. It is necessary to differentiate between a jointly owned asset (bien ganancial) and separate property (bien privativo), i.e. property which belonged to each spouse before the marriage or which was acquired by inheritance or gift. The complexity of this task requires detailed technical and legal knowledge to ensure that the division of assets is fair and in accordance with the law. Once the assets have been identified and valued, they are divided, either by mutual agreement between the spouses or through a contentious procedure if there is no agreement.

I want to talk to an expert

Liquidation of Joint Acquisitions

Liquidation of community of acquisitions in Madrid

At Winkels Abogados, we are aware of the complexity and emotional burden involved in the

liquidation of a community of acquisitions. Our team of lawyers in Madrid is highly specialised in Family Law and offers a comprehensive and personalised service to assist our clients in every step of the process. We have extensive experience in the liquidation of a community of acquisitions and are committed to providing clear and effective advice.

Our focus is on ensuring that our clients fully understand their rights and options. We provide strategic advice and legal representation in both amicable and contentious proceedings. In the case of an amicable settlement, we facilitate the negotiation and drafting of agreements that are fair and equitable to both parties. In contentious proceedings, our lawyers are prepared to represent and defend our clients’ interests in court.

The choice of a lawyer specialised in the liquidation of communities of acquisitions can make a big difference to the outcome of the process. At Winkels Abogados, we offer not only our experience and legal expertise, but also an unwavering commitment to protecting our clients’ interests. Our mission is to ensure that the liquidation of a community of acquisitions is conducted efficiently and fairly, minimising stress and uncertainty for our clients.

I need legal advice

Liquidation of Joint Acquisitions

Why does the liquidation of the community of acquisitions take place?

Under the community of acquisitions regime, the benefits obtained by the spouses during the marriage are made common. The property that each spouse had before the marriage shall be personal property, as well as property received by way of gift and inheritance.

The community of acquisitions is what is called a “Germanic community”, since the spouses do not have shares in the specific property or in the assets, so that the consent of both spouses is generally required to dispose of a jointly owned asset.

The Civil Code establishes that, in the absence of an agreement to the contrary, the economic regime will be that of community of acquisitions regime. In the Autonomous Communities with Foral Law, the supplementary regime may vary.

If we wish to change the regime, we can do so by means of a marriage contract, which is drawn up before a civil law notary at any time during the duration of the marriage or during the year prior to its celebration.

Likewise, irrespective of the will of the parties by means of an agreement, this community of acquisitions will be dissolved when the marriage is dissolved and, subsequently, it will have to be liquidated.

For the liquidation of the community of acquisitions, a process must be initiated, either contentious or by mutual agreement, whereby the spouses divide the assets existing in the community of acquisitions.

It is important to note that it is the divorce (i.e. the judgment or notarial deed) that results in the dissolution of the regime, even if the common life had ceased beforehand. Consequently, and as a general rule, the profits obtained during the matrimonial crisis, but prior to the divorce, will be part of the community of acquisitions.

Liquidation of Joint Acquisitions

Taxation of the liquidation of a community of acquisitions

The taxation of the liquidation of a community of acquisitions is a crucial aspect that should not be overlooked. In Spain, the process of liquidation of a community of acquisitions may have important tax implications for both spouses.

Transfer Tax and Stamp Duty

One of the taxes that can be applied in the liquidation of a community of acquisitions is the Transfer Tax and Stamp Duty (Impuesto sobre Transmisiones Patrimoniales y Actos Jurídicos Documentados, ITP y AJD). This tax is applied when there is a transfer of real estate in the liquidation process. The law establishes that in case of dissolution of the community of acquisitions, the award of property to one of the spouses is not considered a transfer subject to ITP and AJD, as long as there are no economic compensations that exceed the award of property.

Personal Income Tax (IRPF)

Regarding Personal Income Tax (IRPF), it is essential to consider the possible capital gains that may arise from the award of assets. The regulations establish that the award of assets to one of the spouses in the liquidation of the community of acquisitions does not generate a capital gain or loss for personal income tax purposes, as it is an operation of dissolution of the community of acquisitions.

Municipal capital gains

The municipal capital gains tax or Capital Gains Tax (IIVTNU) can also be applied in the liquidation of a community of acquisitions. This tax is levied on the increase in value of urban land from acquisition to transfer. In the dissolution of the community of acquisitions, the adjudication of real estate may be subject to this tax, depending on the municipal regulations and how the adjudication is carried out.

At Winkels Abogados, we offer specialised tax advice during the liquidation of a community of acquisitions, ensuring that our clients understand all the tax implications and make informed decisions to minimise their tax burden.

I need to talk to an expert

Liquidation of Joint Acquisitions

Differences between community of acquisitions regime and separation of property regime

In the community of acquisitions regime (régimen de Sociedad de gananciales), all assets and gains obtained during the marriage are considered common and are divided equally upon dissolution. This regime encourages economic collaboration between the spouses, but can also lead to complications in the event of divorce, as all assets must be identified and valued for distribution.

On the other hand, in the separation of property regime (regimen de separación de bienes), each spouse retains sole ownership of the property acquired before and during the marriage. Income and acquisitions are considered individual, and in case of divorce, there is no need for a liquidation of joint acquisitions, which simplifies the process. This regime offers greater financial autonomy to each spouse, but may also require more financial planning and clear agreements on joint expenses and the management of the family’s assets.

In summary, the main difference between the two regimes lies in how assets are managed and distributed during and after marriage. The choice between a community of acquisitions and a separation of property regime depends on the circumstances and personal preferences of each couple. At Winkels Abogados, we offer expert advice to help our clients choose the regime that best suits their needs and to manage any necessary changes or liquidation.

We answer your questions

Frequently asked questions regarding the liquidation of a community of acquisitions.

The liquidation of a community of acquisitions regime must proceed when the a community of acquisitions partnership is dissolved, which can occur for various reasons such as divorce, legal separation or death of one of the spouses. It can also occur by the spouses’ mutual decision to change their matrimonial property regime by means of a marriage contract.

The obligations of dissolution and liquidation of a community of acquisitions involve the process of identification, valuation and distribution of the common property acquired during the marriage. Dissolution refers to the end of the community of acquisitions regime, whereas liquidation is the actual distribution of a community of acquisitions between the spouses.

The community of acquisitions regime may be liquidated at any time after it has been dissolved. This can be immediately after a divorce or legal separation, or after the death of one of the spouses. It is also possible to initiate the liquidation at the time when a change of matrimonial property regime is agreed.

In order to liquidate the community of acquisitions, it is first necessary to make a detailed inventory of the community of acquisitions. Then they are valued and finally divided between the spouses. This process may be amicable, through an agreement between the parties, or contentious, requiring the intervention of a judge.

The community of acquisitions partnership is automatically extinguished when the marriage is dissolved by divorce, judicial separation or death of one of the spouses. It can also be extinguished by mutual agreement of the spouses by changing their matrimonial property regime by means of a marriage contract.

Hiring Winkels Abogados as expert lawyers in the liquidation of a community of acquisitions guarantees specialised advice and efficient legal representation throughout the entire process. Our team has extensive experience in family law and is committed to protecting the interests of our clients, ensuring a fair and efficient liquidation process.

If the liquidation of the community of acquisitions is not carried out, the jointly owned assets remain in a situation of co-ownership between the spouses. This can lead to conflicts and legal complications in the future, especially if one of the spouses decides to dispose of an asset or if new financial obligations arise.

Children are not directly involved in the liquidation of the marital property of their parents, unless they are heirs in the event of the death of one of the spouses. However, it is important to consider the welfare and rights of the children during this process, especially with regard to the family home and other essential assets.

Debts acquired during the marriage should also be considered in the liquidation of a community of acquisitions. These debts will be divided between the spouses according to the established rules and the agreements reached during the liquidation process.

Yes, it is highly advisable to call in a specialist liquidation lawyer to ensure that the process is carried out correctly and fairly. A specialised lawyer offers the necessary knowledge and experience to handle the legal and technical aspects of the process, ensuring that the rights and interests of their clients are protected.

In short, the liquidation of a community of acquisitions is a complex process that requires the intervention of specialised lawyers to ensure an equitable distribution of assets and the resolution of any conflicts that may arise. Winkels Abogados is dedicated to providing expert legal advice and representing its clients with professionalism and dedication in all aspects related to the liquidation of a community of acquisitions.

Liquidation of Joint Acquisitions Lawyers

What is the liquidation of a community of acquisitions?

Liquidation of community of acquisitions in Madrid

Why does the liquidation of the community of acquisitions take place?

Proceedings for the liquidation of a community of acquisitions upon divorce

Liquidation of Joint Acquisitions by mutual consent

Contested Liquidation of Joint Acquisitions