Why do I need Apostilled and Legally Translated Marriage Contracts to Buy a Property on a Privative Basis?

Purchasing a property in Spain is a process that can present many challenges, especially for those looking to buy privately when married under a different matrimonial property regime than the separation of property. At Welex, experts in property law located in Spain, we understand the importance of protecting your property interests and ensuring that all transactions are carried out in accordance with Spanish law.

When you decide to purchase a property on a privative basis, that is, in your name only and not as part of the marital estate, it is essential to present certain documents that validate this intention. One of the most important documents in this process is the legally translated and apostilled marriage contracts. In this blog, we explain why this requirement is crucial and how to comply with it.

What are the Marriage Contracts in Spain?

The Marriage Contracts in Spain are an agreement between the spouses that establishes the matrimonial property regime to which they will be subject during the marriage. This document can define, for example, whether the acquired assets will be shared (sociedad conyugal) or whether each spouse will have exclusive control over their own assets (separación de bienes).

Why do I need to Apostille the marriage contract in Spain?

An apostille is a certification that authenticates the signature, seal or position of a public document issued in one country, so that it is recognized as valid in another country. This is essential in international transactions. By apostilling your marriage contracts, you guarantee that this document is legal and validated abroad, which is indispensable for the purchase of a property in another country.

Importance of Legal Translation in Spain

A legal translation in Spain is a specialized translation that not only translates the text of a legal document, but also ensures that the legal meaning and technical accuracy of the original is maintained. By legally translating your marriage contracts, you ensure that the authorities and entities involved in the purchase of the property clearly understand the content and validity of the document in their own language.

What are the risks if I do not present these documents?

Invalidation of the Purchase Process: Without apostilled and translated marriage contracts, the purchase of the property may be considered invalid.
Legal confusion: You could face legal problems when trying to prove that the property is your exclusive domain.
Delays and Additional Costs: Lack of the required documents can lead to significant delays in the purchase process, as well as possible additional costs to rectify the situation.

In summary, legally translated and apostilled marriage contracts are essential for those wishing to purchase a freehold property in Spain. This process ensures that your investment is protected and complies with current regulations, avoiding legal complications in the future.

At Welex, law and accountant firm in La Costa del Sol, we are here to assist you through every step of this important process. Our team of experts will take care of the apostille and legal translation of your marriage contracts, ensuring a safe and smooth purchase.

Welex, law and accountant firm on the Costa del Sol, has the pleasure to write a few lines about wills in Spain for non-residents.

If you have decided to grant your Will in Spain, we will explain briefly the types of wills that exist under Spanish law and the documentation that has to be presented to the Notary in order to sign the will.

First of all, you may wonder whether it is necessary to go to a Notary or not. In Spain we have the following types of Will as per the Spanish Civil Code:

-The Special Will, which includes the following wills: the military will, the maritime will and wills drawn up in foreign countries.

-The Common Will, which we are going to deal with in these lines.

The Common Will in Spain can be:

Holographic when the testator writes it himself and it can only be granted by adults. This document must be written entirely by the testator in Spain and signed, stating the year, month and day of signature. This will must be notarised within five years of the testator’s death in Spain.

Furthermore, the person who has this Will in its possession must present it to the competent notary within ten days of the day on which he becomes aware of the testator’s death. Failure to comply with this duty will make him liable for any damages he may have caused.

Open: this Will is granted in the presence of the Notary, who is aware of its contents.
Closed: in this case, the grantor does not reveal what his or her last will is, but declares that it is included in a document that he or she presents to the notary in Spain.

The most common Will in Spain is the Open Will before a notary. This Will is kept by the notary, who keeps the original in his or her possession and gives a copy to the grantor, and the will is also registered in the General Register of Last Wills. In this way, at the time of death, there will be a record of whether or not a Will was granted in Spain, and which was the last Will granted.

Each person will make his or her own will personally, and it is not possible for two or more persons to make a single will, nor can it be made through a representative or proxy.

In order to execute a will, it is necessary to present your identity card or passport to the notary so that you can be identified.

Foreigners may execute a Will in their own language, assisted by an interpreter of their choice. In this case, the Will will be drawn up in their own language and in Spanish.

Finally, bear in mind that the Will can always be modified and another Will can be made at a later date.

If you would like to know more information about wills in Spain for non-residents, or would like to make a legal, accounting or tax consultation, please do not hesitate to contact Welex lawyers, a leading law firm in Marbella.

Marriage contracts in Spain: How to prepare them

Why do I need Apostilled and Legally Translated Marriage Contracts to Buy a Property on a Privative Basis?

What are the Marriage Contracts in Spain?

Why do I need to Apostille the marriage contract in Spain?

Importance of Legal Translation in Spain

What are the risks if I do not present these documents?

Wills in Spain for non-residents

Do you have any legal question?