Skip to content
MEDIUM
FISCAL

Gain or loss arises if property is awarded above marital share in dissolution

V2465-25

Prepared and reviewed by the BMC editorial team  ·  Methodology

Technical details

Type
consulta-vinculante (what is this?)
Identifier
V2465-25
Published
11 Dec 2025

Summary

The consultant asks about taxation in the dissolution of a marital partnership where one spouse receives more assets than their share and compensates the other. The DGT states that normal division is not taxable, but if property is awarded above the entitled share, a patrimonial alteration occurs with gain or loss.

In 6 key points

Lifecycle

2025-12-11PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The fiscal team reviews your specific situation.

Talk to the fiscal team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact