Buying with a partner means deciding how the ownership is recorded. It sounds like a formality. It has consequences for ownership, tax and for what happens on a sale, a death or a separation.
How ownership is recorded in Spain #
Ownership is recorded in the deed (escritura de compraventa) and registered at the land registry (Registro de la Propiedad). That records who owns the property and what percentage each owner holds.
This registration is what determines the legal position, and it is what any future dispute will be resolved against.
Buying jointly #
Buying in both names creates co-ownership (proindiviso). The ownership is divided into percentages, 50/50 or 60/40 or whatever you choose, and both buyers appear on the deed.
One consequence matters: decisions about selling need both owners to cooperate. If one wants out and the other does not, the resolution is a court process to force a sale, which is slow and expensive.
On death, the share passes under the applicable succession rules and the registration process that goes with them.
Buying in one name #
A property can be bought in a single name. That happens where one partner finances the purchase, where you want to limit legal or financial exposure, or where you deliberately want the ownership defined.
Be clear about what that means: the other partner is not legally an owner and has no automatic claim. On death the property falls entirely into the owner’s estate.
The point British buyers usually miss #
There is no community of property in English law the way there is in some European systems. What you own, you own. Spain has several matrimonial regimes, but as a UK national your own matrimonial law generally governs the position between you, while Spanish law governs the property itself.
That combination is not intuitive and it is worth getting confirmed rather than assumed, particularly for second marriages or where children from a previous relationship are involved.
Two practical arguments for joint ownership #
Wealth tax. The €700,000 allowance is per person. A couple owning jointly has €1.4 million of allowance between them. Owning in one name halves it.
Inheritance tax. Regional allowances also apply per beneficiary, so how ownership is split affects the eventual bill.
Neither is a reason to override the right answer for your circumstances, but both belong in the decision.
Practical points #
Decide the split before the deed is drawn up, because changing it afterwards is a transfer and carries tax. Discuss what happens if one of you wants to sell. And make sure your wills, in both countries, are consistent with how the property is held.
In short #
The ownership split is a decision, not a formality. Make it deliberately, with your tax position and your wills in view.
How ownership should be structured depends on your personal and matrimonial circumstances. Take advice before the deed is drawn up.
Last reviewed 2026-08-24
Want this checked against your own situation?
A 20 minute call with a specialist in the region you are looking at, at no cost to you.