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BOE-A-2026-17147 ·6 August 2026 ·Resolution not-relevant
Administrative

Public Administration cannot seize specific shares of assets held under community property regime

The Directorate General for Legal Certainty and Public Faith has confirmed that it is not possible to register a preventive seizure against a specific share (e.g. 50%) of a property registered under the community property regime. The land registry assessment establishes that any seizure must apply to the abstract share corresponding to the debtor in the asset, in accordance with Article 18 of the Mortgage Law and Articles 93 et seq. of the Mortgage Regulations.

In 2 key points

  1. Seizures of community property assets must apply to the debtor's abstract share, rather than a specific share of the asset, pursuant to Art. 18 of the Mortgage Law. (art. 18 de la Ley Hipotecaria)
  2. The land registry assessment is based on Articles 93 et seq., 144, and 166 of the Mortgage Regulations. (artículos 93 y siguientes, 144 y 166 del Reglamento hipotecario)

How it affects those involved

For the Public Administration (the Social Security General Treasury), this ruling implies that seizure orders must align with the legal nature of the registered ownership. Merely proving the dissolution of the marital partnership due to death is insufficient to seize a specific physical or percentage part if the asset remains registered as community property. For individuals, it ratifies the protection of the abstract ownership share against enforcement actions on common assets.

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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