The court may issue a temporary order limiting each spouse’s ability to use the bank accounts so that the money can only be used for ordinary expenses
Ending an emotional relationship is hard. Often good intentions and marriages end up being dissolved before a judge. In Spain in 2015, according to data from the General Council of the Judiciary, more than 123,330 divorce petitions were filed, 2.4% fewer than in 2014.
In these situations, which are usually complicated enough, difficult decisions have to be made, such as dividing and sharing assets, accounts, savings and debts. It is not a simple process, as everything depends on each couple, which is why the financial product comparison site HelpMyCash.com offers some guidelines to clarify what should be done with the accounts in the event of divorce.
Who owns the money in the bank accounts after the divorce?
Opening a bank account with one’s partner is a common practice, even where assets are held separately, as it is a good tool for direct-debiting bills and paying common household expenses. But what happens in the event of divorce? We may encounter several scenarios:
Married couples with separation of property: the money in joint bank accounts, in principle, belongs to both partners and that in individual accounts belongs only to the account holder.
Married couples under the community property regime (gananciales): all bank accounts held by one or both spouses would be considered owned by both, unless it is shown that some amount is the separate property of one of the spouses.
However, it is not that simple; these are only two scenarios. Sometimes one of the parties decides to withdraw money from the bank account or to block it outright. Although logically this situation will end up being resolved at trial, it may considerably lengthen the process of dividing the funds.
Division of assets after divorce
The separation agreement (convenio regulador) will state how the use of the jointly held assets will be divided and must also indicate whether they are to be liquidated.
The division of assets will depend largely on the matrimonial property regime, which we have already discussed. This division is set out, together with other conditions such as child custody and other agreements, in a contract called the convenio regulador.
When the separation is by mutual agreement and both spouses act in good faith, there are usually no problems in dividing the money in the bank accounts. This occurs in an amicable dissolution in which the account holders move the money to another institution or open a new position at the bank where they already were and close the other bank account.
However, if it is a contested divorce, in which one of the spouses decides to withdraw money from the bank, the court may issue a temporary order limiting each spouse’s ability to use the bank accounts so that the money can only be used for ordinary expenses. The institution is obliged to provide the courts with details of the movements and balance of the accounts in order to speed up the distribution of the funds.