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Liquidation of the sociedad de gananciales (community of property)

Liquidation of the sociedad de gananciales (community of property) is filed with Notaría (escritura de liquidación de mutuo acuerdo) y Registro de la Propiedad si hay inmuebles. 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 €229. Official tasa (government fee): There is no official body fee. The liquidation is exempt from ITP and AJD (transfer tax and stamp duty), as it is an equal division of community property. A public deed is granted before a notary, whose fee is payable by you and is scaled to the value of the estate to be divided (often several hundred euros). If there are properties, their award is registered at the Registro de la Propiedad, which carries an additional registry fee, also payable by you.

We liquidate your sociedad de gananciales (community of property) through the NOTARIAL route after a divorce, an annulment, a judicial separation, a change to separation of property or a death. We provide the notary. We draw up the inventory of assets and liabilities, calculate the net estate and its division into two equal halves (article 1404 of the Código Civil, the Spanish Civil Code), apply the preferential award of the family home and of items of personal or professional use (article 1406), draft the deed of liquidation, arrange the appointment at the notary's office and register the awards at the Registro de la Propiedad (Land Registry). Requirement: both spouses must agree on the inventory and on the division. Without agreement, the liquidation can only be resolved in contentious court proceedings (articles 806 to 811 of the Ley de Enjuiciamiento Civil, the Spanish Civil Procedure Act), which require a lawyer and a procurador (court representative) and are NOT included in this service.

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Estimated total cost
from €229
Managora's fee
€95.59 (21% VAT incl.)
Tasa (official government fee)
There is no official body fee. The liquidation is exempt from ITP and AJD (transfer tax and stamp duty), as it is an equal division of community property. A public deed is granted before a notary, whose fee is payable by you and is scaled to the value of the estate to be divided (often several hundred euros). If there are properties, their award is registered at the Registro de la Propiedad, which carries an additional registry fee, also payable by you. (suplido: paid to the authority on your behalf, no VAT)
Processing time
We prepare the inventory and the deed within 5-10 days of receiving your documents. The appointment at the notary's office is within 1-3 weeks, with signing there and then. Registration of the awarded properties at the Registro de la Propiedad takes 15-30 days.
Where it is filed
Notaría (escritura de liquidación de mutuo acuerdo) y Registro de la Propiedad si hay inmuebles ↗
What you receive
Demanda (court claim)

Cost breakdown: Our fee 79 €. Notarial deed with a fee scaled to the value to be divided (from around 150 €) and registration at the Land Registry if there are properties. Exempt from ITP and AJD. It does not include any court proceedings..

Liquidation of the sociedad de gananciales (community of property): how is it filed?

  1. 1Answer the questions in the chat (around 10 minutes).
  2. 2We check the prior dissolution, the right route and the net estate.
  3. 3Payment of 79 €.
  4. 4Signature of the mandate from your mobile.
  5. 5We draw up the inventory of assets and liabilities and calculate the net estate and the awards (arts. 1396 to 1406 CC).
  6. 6We draft the deed of liquidation and send it to you and your spouse for review.
  7. 7We arrange the appointment with the notary: we provide the notary's office and support you in preparing for the signing.
  8. 8We register the awards at the Registro de la Propiedad if there are properties, and at the Registro Civil where appropriate.
  9. 9We give you the authorised copy of the deed and the note of registration.

Which documents do you need?

  • •The final judgment of divorce / annulment / judicial separation / separation of property; or the death certificate if this is a liquidation after a death.
  • •Certificate of the property regime registered at the Registro Civil.
  • •A detailed inventory of the couple's shared assets and rights (property deeds, vehicles, bank accounts, securities).
  • •A breakdown of the community's debts (mortgages, joint loans, outstanding instalments).
  • •Documents for the assets subject to a preferential award (personal use, professional use, family home).

Legal basis and things to bear in mind

  • Framework: arts. 1396-1410 CC (the liquidation operations), which is what we carry out in the notarial deed.
  • The operations: drawing up the inventory (art. 1396), the liabilities (art. 1397), payment of debts (art. 1399), division of the net estate into two equal halves (art. 1404), preferential award (art. 1406), and the subsidiary application of the rules on the partition of an estate (art. 1410).
  • This service covers the notarial route, which requires mutual agreement on the inventory and on the division. It is the quickest and cheapest route, and it is the one we provide: we put up the notary.
  • Without agreement between the spouses the deed is not possible: the division would have to be sought in contentious court proceedings (arts. 806 to 811 LEC), which require a lawyer and a procurador and are NOT included in this service or in its price.
  • Preferential award (art. 1406 CC): the family home goes to the spouse with custody of the children; items of personal and professional use go to the spouse concerned.
  • Legal representation: the notarial route we provide requires neither a lawyer nor a procurador; it is enough for both spouses to appear before the notary, in person or by power of attorney.
  • If the liabilities exceed the assets (a negative net estate), the spouses are jointly and severally liable for the debts. Tell us in the chat and we will work through with you how to reflect it in the deed and what options you have.

Liquidation of the sociedad de gananciales (community of property): frequently asked questions

Liquidation of the sociedad de gananciales (community of property): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €229: Our fee 79 €. Notarial deed with a fee scaled to the value to be divided (from around 150 €) and registration at the Land Registry if there are properties. Exempt from ITP and AJD. It does not include any court proceedings.. 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 official body fee. The liquidation is exempt from ITP and AJD (transfer tax and stamp duty), as it is an equal division of community property. A public deed is granted before a notary, whose fee is payable by you and is scaled to the value of the estate to be divided (often several hundred euros). If there are properties, their award is registered at the Registro de la Propiedad, which carries an additional registry fee, also payable by you..

Liquidation of the sociedad de gananciales (community of property): how long does it take?

We prepare the inventory and the deed within 5-10 days of receiving your documents. The appointment at the notary's office is within 1-3 weeks, with signing there and then. Registration of the awarded properties at the Registro de la Propiedad takes 15-30 days.

Liquidation of the sociedad de gananciales (community of property): which documents do I need?

You need to have to hand: The final judgment of divorce / annulment / judicial separation / separation of property; or the death certificate if this is a liquidation after a death., Certificate of the property regime registered at the Registro Civil., A detailed inventory of the couple's shared assets and rights (property deeds, vehicles, bank accounts, securities)., A breakdown of the community's debts (mortgages, joint loans, outstanding instalments)., Documents for the assets subject to a preferential award (personal use, professional use, family home).. 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 (escritura de liquidación de mutuo acuerdo) y Registro de la Propiedad si hay inmuebles. 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 (escritura de liquidación de mutuo acuerdo) y Registro de la Propiedad si hay inmuebles ↗.

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