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Change to a separation of property regime (change of matrimonial property regime)

Change to a separation of property regime (change of matrimonial property regime) is filed with Notaría (capitulaciones matrimoniales) y Registro Civil (inscripción del nuevo régimen). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your demanda (claim) for you. Estimated total cost: from €139. Official tasa (government fee): There is no tasa (official fee) payable to any public body. The deed of capitulaciones matrimoniales attracts a notary's fee payable by you (usually between 60 and 300 € depending on the value of the assets). Registering the new regime at the Registro Civil is free. If it also has to be registered at the Registro Mercantil (Commercial Registry, where a spouse is a business owner) or at the Registro de la Propiedad (Land Registry), additional registry fees apply.

We change your matrimonial property regime to separación de bienes (separation of property) by the NOTARIAL route, with the agreement of both spouses: we draft the capitulaciones matrimoniales (marital property agreement, art. 1325 CC, the Spanish Civil Code), we provide the notary and arrange the appointment, and we then register the new regime at the Registro Civil (Civil Registry) so that it is enforceable against third parties. The marriage itself is untouched: only the property regime changes. If your spouse objects, the law leaves only the contentious court route of art. 1393 CC, which requires a procurador (court representative) and is NOT included in this service.

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Estimated total cost
from €139
Managora's fee
€95.59 (21% VAT incl.)
Tasa (official government fee)
There is no tasa (official fee) payable to any public body. The deed of capitulaciones matrimoniales attracts a notary's fee payable by you (usually between 60 and 300 € depending on the value of the assets). Registering the new regime at the Registro Civil is free. If it also has to be registered at the Registro Mercantil (Commercial Registry, where a spouse is a business owner) or at the Registro de la Propiedad (Land Registry), additional registry fees apply. (suplido: paid to the authority on your behalf, no VAT)
Processing time
Notary appointment within 1-3 weeks, with the deed signed there and then. The registration of the new regime at the Registro Civil goes through within a few days of signing.
Where it is filed
Notaría (capitulaciones matrimoniales) y Registro Civil (inscripción del nuevo régimen) ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee 79 €. Notarial deed of capitulaciones from around 60 €, with the fee scaled to the value of the assets. Registration at the Registro Civil is free..

Change to a separation of property regime (change of matrimonial property regime): how is it filed?

  1. 1Answer the questions in the chat (around 10 minutes).
  2. 2We check your current regime and that both spouses agree, which is what makes the notarial route possible.
  3. 3Payment of 79 €.
  4. 4Signature of the mandato (mandate) from your mobile.
  5. 5We draft the deed of capitulaciones matrimoniales with the new separation of property regime.
  6. 6We provide the notary and arrange the appointment: all you have to do is turn up and sign.
  7. 7We register the new regime at the Registro Civil so that it is enforceable against third parties and we send you the authorised copy.
  8. 8Afterwards you can liquidate the community of property: that is a separate service, which we also handle for you.

Which documents do you need?

  • •Libro de familia (family book) or marriage certificate.
  • •Certificate of the matrimonial property regime (if it is registered at the Registro Civil).
  • •DNI/NIE of both spouses.
  • •If your spouse objects and you want us to assess a ground under art. 1393 CC: documents evidencing it (a criminal conviction, a declaration of prodigality, deeds of disposal, an empadronamiento (municipal registration) certificate showing separate addresses for more than 1 year, and so on).
  • •An approximate inventory of the community assets (for the later liquidation).

Legal basis and things to bear in mind

  • Difference from a divorce: a separation of property only changes the property regime; the marriage itself is untouched.
  • The default regime under common Spanish law is the sociedad de gananciales (community of property, art. 1316 CC). Other regimes available through capitulaciones: separation of property or the participation regime.
  • What this service includes: the notarial route of art. 1325 CC. Mutual agreement of both spouses in a public deed, with no need for a lawyer or a procurador. The notary's fee is roughly 100 to 300 €.
  • What it does NOT include: the court route of art. 1393 CC, which is only available if the spouse objects and one of the exhaustive grounds applies. It requires a procurador (art. 750 LEC, the Spanish Civil Procedure Act) and falls outside this engagement. If we find that this is your situation, we will tell you before charging you.
  • After the deed: liquidation of the community of property (arts. 1396-1410 CC), a separate service that we also handle for you.
  • Registration of the new property regime at the Registro Civil so that it is enforceable against third parties.
  • The regional civil codes (Catalonia, Aragón, the Balearic Islands, Navarre, the Basque Country) have different rules; in Catalonia and the Balearic Islands separation of property is the default regime.

Change to a separation of property regime (change of matrimonial property regime): frequently asked questions

Change to a separation of property regime (change of matrimonial property regime): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €139: Our fee 79 €. Notarial deed of capitulaciones from around 60 €, with the fee scaled to the value of the assets. Registration at the Registro Civil is free.. Managora's fee is €95.59, 21% VAT included (€79.00 net + €16.59 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: There is no tasa (official fee) payable to any public body. The deed of capitulaciones matrimoniales attracts a notary's fee payable by you (usually between 60 and 300 € depending on the value of the assets). Registering the new regime at the Registro Civil is free. If it also has to be registered at the Registro Mercantil (Commercial Registry, where a spouse is a business owner) or at the Registro de la Propiedad (Land Registry), additional registry fees apply..

Change to a separation of property regime (change of matrimonial property regime): how long does it take?

Notary appointment within 1-3 weeks, with the deed signed there and then. The registration of the new regime at the Registro Civil goes through within a few days of signing.

Change to a separation of property regime (change of matrimonial property regime): which documents do I need?

You need to have to hand: Libro de familia (family book) or marriage certificate., Certificate of the matrimonial property regime (if it is registered at the Registro Civil)., DNI/NIE of both spouses., If your spouse objects and you want us to assess a ground under art. 1393 CC: documents evidencing it (a criminal conviction, a declaration of prodigality, deeds of disposal, an empadronamiento (municipal registration) certificate showing separate addresses for more than 1 year, and so on)., An approximate inventory of the community assets (for the later liquidation).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Notaría (capitulaciones matrimoniales) y Registro Civil (inscripción del nuevo régimen). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Notaría (capitulaciones matrimoniales) y Registro Civil (inscripción del nuevo régimen) ↗.

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