The wealth is distributed among different countries.
Real estate, accounts, investments, or other assets may be located in multiple jurisdictions and require a coordinated strategy.
International heritage · RRYP Global
Lawyers specializing in the international division of marital property in Spain
Litigation concerning relevant marital assets when there are real estate, companies, investments, accounts, crypto assets or other economic rights in different countries, or when it must be determined which matrimonial property regime and which law are applicable.
Marital property
Companies
Properties
Investment
Foreign law
Madrid · Malaga · Cordoba
Actions in Spain · International coordination
Actions in Spain · International coordination
Start point
When does a division of marital property require an international strategy?
A property settlement ceases to be a purely domestic matter when the marriage, the economic regime or the assets have connections with more than one country.
Before deciding how the assets should be divided, it may be necessary to determine which authorities can intervene, which matrimonial property regime is applicable, which law regulates it, and which assets and rights should be part of the liquidation.
There are family-owned companies or businesses.
Social shares, family businesses or asset-holding companies may require corporate, documentary and economic analysis.
It is not clear which economic regime should be applied.
Date and place of marriage, residences, nationalities, prenuptial agreements and other connections may be legally relevant.
It is debated which assets are common or private
It may be necessary to analyze the acquisition of the asset, its financing, the origin of the funds, contributions and possible reimbursements.
There are investments, accounts, or crypto assets
Identification, documentation, traceability and valuation can be crucial in reconstructing the asset situation.
There is already a foreign agreement or resolution.
It is necessary to analyze what effects it may produce in Spain and how it coordinates with existing assets or procedures.
Private international law
Before distributing the assets, it is necessary to determine which assets are being divided and according to which law.
International jurisdiction, matrimonial property regime, applicable law, composition of assets and effectiveness over assets are different issues that can modify the economic outcome of the litigation.
01
International competition
It must be determined which courts can hear the property dispute according to the applicable regime.
02
Marital property regime
The regime that governs property relations between spouses cannot be deduced solely from where the assets are located.
03
Applicable law
The law that regulates the matrimonial property regime must be identified within the scope of the applicable rules.
04
Inventory and valuation
The litigation may require determining which assets, debts, credits, companies, and economic rights are actually part of the liquidation.
05
International effectiveness
The strategy must consider where the assets are located and what actions allow the result to be realized in Spain and, where appropriate, in other jurisdictions.
High-value assets
When personal and business assets cannot be analyzed separately
In certain liquidations, the economic value is not concentrated in a home or a bank account, but in companies, shares, real estate, investments and other asset structures.
Companies and business holdings
Family businesses, shareholdings, dividends, partner loans and other business positions may require specific legal valuation and analysis.
Real estate and heritage structures
Homes, investment properties, assets located in several states, and holding companies may be part of the same dispute.
Investments and financial assets
Portfolios, funds, securities, accounts, financial products and other economic rights may require identification and valuation.
Cryptoassets and digital wealth
Bitcoin, other crypto assets, wallets, and positions held on exchanges can raise issues of ownership, traceability, and valuation.
Legal framework
Rules that may be involved in an international settlement
The applicable regime depends on the date of the marriage, international connections, prenuptial agreements, the States involved, a possible choice of law and the specific issue in dispute.
Regulation (EU) 2016 / 1103
It regulates, within its scope and among the participating States, jurisdiction, applicable law, recognition and enforcement of resolutions in matters of matrimonial property regimes.
See Regulations →Civil prosecution law
When judicial liquidation is required in Spain, Articles 806 et seq. contain the procedure for the liquidation of the matrimonial property regime.
Consult LEC →Applicable economic regime
Inventory, nature of the assets, charges, reimbursements and other patrimonial consequences depend on the law applicable to the matrimonial regime.
29 / 2015
Foreign law, international legal cooperation and certain issues of recognition or enforcement must be addressed in accordance with the applicable regime in Spain.
See Law 29/2015 →Regulation (EU) 2016/1103 forms part of an enhanced cooperation mechanism and is applicable, with the corresponding transitional rules, from 29 January 2019. Chapter III, concerning applicable law, applies to spouses who have entered into marriage or specified the law applicable to their matrimonial property regime since that date. For earlier situations or cases not covered by the Regulation, the applicable private international law regime must be determined.
Legal Insights · RRYP Global
International division of marital property: what happens when the assets are in several countries
Having assets in Spain does not necessarily mean that all marital assets must be liquidated according to Spanish law.
When a marriage has international connections, it may be necessary to determine what matrimonial property regime exists, what law regulates it, what assets are part of the estate subject to liquidation, and what authorities can intervene.
Assets in different countries: how to determine the applicable regime
RRYP Global analyzes one of the central issues of international asset settlement: first identifying the matrimonial property regime and the applicable law before determining what treatment corresponds to the different assets.
See RRYP Global analysis →
Economic value
The conflict may lie both in what is being divided and in how much it is worth
In an international liquidation of significant assets, the outcome may depend on the composition of the inventory, the financing of the assets, the credit rights, and the economic valuation of goods and companies.
What makes up heritage
Formal ownership of an asset does not necessarily resolve its treatment within the liquidation.
It may be necessary to reconstruct acquisitions, contributions, source of funds, debts, improvements, transfers and possible credits between estates.
- Common goods
- Private property
- Contributions
- Refunds
- Liabilities
- Source of funds
What is it really worth?
In complex estates, valuation can substantially alter the economic position of the parties.
Unlisted companies, family businesses, real estate, investments, and digital assets may require economic analysis and specialized expert evidence.
- Corporate
- Participations
- Properties
- Investment
- digital assets
- economic rights
Asset traceability
When there are doubts about the actual composition of the assets
Fund movements, related companies, accounts, transfers, investments or digital assets may require documentarily reconstructing certain operations before defining the legal position.
Titles and operations
Deeds, contracts, extracts, agreements and property documentation.
Economic movements
Origin, destination and circulation of funds relevant to the controversy.
Shares and operations
Corporate structure, shares, transfers and related economic relationships.
Accounts and investments
Relevant banking and financial information to reconstruct the equity position.
Relevant transmissions
Asset transactions whose nature and consequences must be analyzed within the liquidation.
digital assets
Wallets, exchanges and other documentation related to digital positions.
Working with RRYP
Management of an international asset liquidation
01
We are rebuilding the heritage structure
Marriage, regime, real estate, companies, investments, accounts, debts, documentation and countries involved.
02
We determine the legal architecture
Jurisdiction, applicable law, matrimonial property regime, disputed assets, recognition and foreign law.
03
We built the economic and evidentiary position
Banking, corporate, real estate, financial, digital documentation and expert evidence when necessary.
04
We manage the performances in Spain
When the matter requires actions in other jurisdictions, we coordinate that part with professionals in the corresponding country.
Affairs
Representative experience
An anonymized selection of matters concerning marital property, relevant assets, and connections with different jurisdictions.
International settlement of marital property exceeding €4.000.000
Property dispute involving assets, investments and business holdings of significant value.
Division of marital property with assets in the United States and Spain
Property matter with assets connected to both jurisdictions.
Division of marital property with assets located in France and Spain
Management of the legal position in Spain within a cross-border asset structure.
Customer experience
“He raised situations that my previous lawyer had not considered.”
Team
RRYP Global
Legal direction, litigation, document management, client relations and coordination of asset matters with an international dimension.
Knowledge and practice
Private international law applied to property and litigation
Professional practice is complemented by university teaching, legal analysis, and public participation in matters related to the firm's international work.
Method
The matter is structured before litigation begins.
The scope depends on the disputed assets, the corporate structure, the jurisdictions involved, the existing documentation, the need for valuation, and the status of the proceedings.
Analysis
Matrimonial regime, assets, documentation, companies, investments and countries involved.
strategy
Jurisdiction, applicable law, inventory, valuation, evidence and foreign law.
Procedure
Inventory, negotiation, liquidation, expert evidence and legal proceedings.
Effectiveness
Awarding, execution and coordination with other jurisdictions where appropriate.
Budget closed per phase
Before starting each phase, RRYP Global defines its scope and the corresponding fees.
Business valuation, expert evidence, financial analysis, foreign law or actions in other jurisdictions may require specific phases, which are defined and budgeted beforehand.
Legal Intelligence
Delving deeper into international marital property
Analysis of international division of marital property, matrimonial property regimes, companies, digital assets and assets located in several countries.
Explore Legal Intelligence →Liquidation of marital property of high-net-worth individuals
Companies, shares, real estate, investments and other assets within a complex property dispute.
Divorce and property in several countries
Jurisdiction, economic regime, applicable law and coordination when the assets have international connections.
Cryptoassets in asset liquidation
Identification, traceability, ownership and valuation of digital assets in property disputes.
Before acting
Initial issues
Date of marriage, residences, nationalities, prenuptial agreements, and location of assets can substantially modify the legal analysis.
Which country can liquidate marital property?
It depends on the rules of international jurisdiction applicable to the case. The existence of assets in a particular country does not, in itself, determine which courts have jurisdiction over the entire liquidation.
What law determines whether a property is common or private?
First, it must be determined which matrimonial property regime and which law apply. The answer cannot be deduced solely from the location of the property.
If a property is located in Spain, does Spanish law necessarily apply?
Not necessarily. The location of the property in Spain does not, by itself, allow one to conclude which law governs the property relations between the spouses.
How are companies or business holdings valued?
It depends on the society, the level of participation, the economic structure, and the issue under discussion. In certain matters, specialized expert testimony may be necessary.
What happens to assets acquired before marriage?
The applicable regime, the date and method of acquisition, the financing, and any subsequent transactions that may have affected the asset must be analyzed.
How are contributions of private money to common property analyzed?
It may be necessary to reconstruct the origin of the funds, the transaction carried out and any potential rights to credit or reimbursement under applicable law.
What happens if there are doubts about undeclared assets?
It is necessary to analyze what information exists, what operations can be reconstructed, and what evidentiary or procedural mechanisms are available in the corresponding procedure.
How are accounts, investments, or crypto assets treated in other countries?
Its processing may require analyzing ownership, documentation, traceability, valuation, location and the legal regime applicable to the liquidation.
Can a foreign property decision be enforced in Spain?
It may be possible. The State of origin, the type of decision, its date, and the applicable European, conventional, or internal instrument for recognition or enforcement must be analyzed.
Does RRYP Global handle ordinary division of marital property?
RRYP Global's practice in this area focuses on property disputes with an international dimension, significant assets, or legal, evidentiary, or economic complexity.
Legal authorship
RRYP Global
Content developed for the International Heritage practice of RRYP Global.
The information contained on this page is general and does not replace the individualized analysis of international jurisdiction, matrimonial property regime, applicable law, prenuptial agreements, ownership and origin of assets, foreign law, date of marriage and specific patrimonial circumstances.
Legal framework of reference: Regulation (EU) 2016/1103 on matrimonial property regimes, within its material, territorial and temporal scope; Law 1/2000 of Civil Procedure; Law 29/2015 on international legal cooperation in civil matters; applicable Spanish rules of private international law; corresponding civil law; and other relevant European, conventional or foreign regulations for the specific case.
First legal meeting
Analyze the assets before defining the strategy
350 € VAT includedThe first meeting is an initial legal assessment of the property dispute. Its objective is to understand the international dimension, identify the determining issues, and evaluate whether RRYP Global can take on the matter.
- Date and place of marriage
- Relevant nationalities and residences
- marriage settlement
- Existing separation or divorce
- Properties
- Companies and holdings
- Investments and accounts
- digital assets
- Relevant debts
- Foreign documentation
- Ongoing procedures
- Approximate value under discussion
When the legal position requires asset reconstruction, valuation, extensive documentary analysis, foreign law, expert evidence or prior strategic design, that work is defined as a later phase.
The meeting does not imply automatic acceptance of the assignment. If RRYP Global is able to take on the matter, the corresponding phase will be formalized later with a proposal, a fixed price quote, and an engagement letter.
Schedule initial legal meeting
Related matters
Property disputes that may require their own analysis
An international settlement can be connected with divorce, companies, civil litigation or inheritances, without all of these issues being subject to the same legal regime.
Before negotiating or litigating the division of an international estate, it is advisable to determine which assets actually comprise the liquidation, which law regulates property relations, and what strategy allows the client's economic position in Spain to be protected.