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The Supreme Court (TS) has clarified an issue that may be somewhat confusing for many couples, what economic regime applies when the spouses are from different areas of Spain and have not signed any agreement before getting married? In the case analyzed by the TS, a couple got married in Catalonia

without making prenuptial agreements (which are the contracts where the economic regime of the marriage is chosen), and after getting married they moved to live in Madrid, where they remained until their divorce. Throughout their marriage, when acquiring assets

, this couple expressed in different public deeds different economic regimes, in some cases they mentioned separate property (as is customary in Catalonia) and in others, community property (which is common in Madrid). When they got divorced, the issue arose of which regime was valid to distribute the assets. Initially, the court

ruled in favor of the husband and considered that the community property regime (Madrid regime) was applicable, but the Provincial Court later overturned this decision thinking that separate property (Catalan regime) should apply. Finally, the TS has established the criteria stating that if there are no prenuptial agreements and the spouses establish their first common residence in Madrid, community property will apply, even if they state otherwise in individual deeds. Additionally, the TS clarifies that to change the economic regime a formal agreement is required and it is not sufficient to express something different in the deeds. In a situation of conflict regarding the economic regime of the marriage, our professionals will be able to provide you with appropriate advice and defense of your interests a formal agreement is needed and it is not enough to express something different in the deeds.