Skip to content
Back to index
V2005-21 1 July 2021 · SG de Impuestos Patrimoniales, Tasas y Precios Públicos Criterion in force
IP · titularidad de disposición

Joint ownership of an indivisible account does not determine ownership of the funds, and ownership of the property must be proven

The inquirer asks what means of proof must be provided to justify that the money in an indivisible account does not belong to their father's estate. The DGT responds that the power of disposal towards the bank does not imply ownership of the funds and that actual ownership must be proven according to the origin of the money.

The question raised

Question posed: To determine what means of proof the inquirer must provide to justify that, although the account is held jointly, the money in said account does not form part of the estate.

The DGT's ruling

Joint ownership of an indivisible account only grants powers of disposal towards the bank, but does not determine ownership of the funds nor the existence of a co-ownership. Ownership of the property depends on the original belonging of the money and must be reliably proven by the claimant. Following the death of a joint holder, the portion corresponding to them must be integrated into their estate. There is no pre-established percentage for joint holders, therefore each interested party must prove which portion corresponds to them.

Email
Contact