Vivienda comprada antes del matrimonio: ¿Cuándo deja de ser solo tuya? El Supremo aclara las reglas

It's a classic question in family law: if a person buys a home while single, but then marries and finishes paying for it jointly with their spouse, who owns the house? The Supreme Court has shed definitive light on this matter, defining when a property ceases to be exclusively "separate" (belonging to a single owner) and becomes "community" property (belonging to the couple).

The key: Who pays the mortgage installments?

Generally, what is acquired before marriage belongs solely to the person who purchased it. However, when it comes to the family home, the rule changes if the payment is completed during the marriage under the community property regime.

• The separate property portion: The percentage of the home that was paid for in full before the wedding (the down payment and previous installments) belongs exclusively to the original buyer.

• The community property portion: The Supreme Court establishes that mortgage installments paid with community funds after the marriage grant the community property regime a share in the property.

Essentially, the property becomes a mixed asset. Ownership is divided jointly between the purchasing spouse and the marital property, in proportion to the money contributed by each party.

What happens in case of divorce?

This principle is fundamental when dividing assets in a separation. It's not simply a matter of returning the invested money, but rather recognizing that a portion of the property belongs to the marital property. If the property has appreciated in value, that increase is also distributed proportionally among the portion considered marital property.