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BOE-A-2026-17134 ·6 August 2026 ·Resolution not-relevant
Administrative

Directorate General for Legal Certainty confirms presumption of community property for assets acquired during marriage without prenuptial agreements

The Directorate General for Legal Certainty and Public Faith has upheld the refusal by the Registrar of Roses No. 1 to register a deed of inheritance. The ruling establishes that assets acquired during marriage are presumed to be community property unless proven otherwise (Art. 232-3 of the Civil Code of Catalonia and Art. 1361 of the Civil Code). A mere declaration of being subject to a regime of separation of assets within a deed is insufficient to rebut this presumption if no matrimonial property agreements or reliable title exist to prove it (Legal Grounds 1).

In 3 key points

  1. Presumption of community property for assets acquired during marriage unless proven otherwise (art. 232-3 Código Civil de Cataluña)
  2. A declaration of separation of assets in a deed does not rebut the presumption without matrimonial property agreements (Fundamentos de Derecho 1)
  3. Mandatory liquidation of the matrimonial partnership prior to the partition of the inheritance (art. 232-49 y ss. Código Civil de Cataluña)

How it affects those involved

For individuals and heirs, the ruling reinforces the necessity of proving any separation of assets regime through reliable documentation (matrimonial property agreements) to prevent assets from being classified as community property. In inheritance proceedings, this implies that the liquidation of the matrimonial partnership must mandatorily take place prior to the partition of the estate to correctly determine the net estate (Art. 232-49 et seq. of the Civil Code of Catalonia).

Lifecycle

2026-08-06PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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