Each week we select some legal questions that have come up at the notary’s office and explain them in general terms, without referring to any specific case. The articles deal with Catalan and Spanish law.
Should a long-standing couple formalise their stable partnership in a public deed?
In short: it is not essential, but it is highly advisable, especially with a view to inheritance or a future survivor’s pension.
In Catalonia, two people who have lived together as a couple for more than two years are already a stable partnership without any formality (Art. 234-1 of the Catalan Civil Code). A public deed, however, provides reliable proof of the relationship and its starting date, avoiding the need to prove it later with indirect documents such as the census register.
That proof matters in two areas. For Catalan inheritance tax, a stable partner is treated in the same way as a spouse. And for the survivor’s pension, the Spanish General Social Security Act requires the partnership to have been formalised in a public document or entered in a registry at least two years before the death (Art. 221 LGSS).
Formalising the partnership does not create joint ownership of assets: each partner keeps their own property and is liable for their own debts. It is usual to sign the partnership deed and review the wills at the same time.
What to bring to the notary: both partners’ IDs and, if possible, a historical census certificate.
Can I leave a legacy to my grandchildren so that they cannot freely manage it until they are 30?
In short: yes, but the tools differ depending on whether the grandchild is a minor or an adult.
While the grandchild is a minor, whoever leaves assets by will can appoint someone other than the parents to manage them and set the rules (Art. 236-19 of the Catalan Civil Code). That management ends at 18. To protect the legacy for longer, the will can impose a charge on how the assets are used (modalitat), a temporary prohibition on disposal (Arts. 428-1 and 428-6), or use conditions or substitutions.
Legacies to grandchildren are not deducted from their parents’ forced share (legítima), which in Catalonia is one quarter of the estate, divided among the children (Art. 451-5).
What to bring to the notary: ID, details of children and grandchildren and an approximate idea of your assets.
If the debtor does not pay, how is a pledge enforced before a notary in Catalonia?
In short: the Catalan Civil Code allows the creditor to recover the debt without going to court, through a notarial auction.
The procedure begins with a formal notarial demand for payment to the debtor and, where applicable, to the owner of the asset. If within one month the debtor neither pays nor challenges it in court by depositing the amount or providing a bank guarantee, the creditor may ask the notary to auction the asset. A single auction is held, publicly announced and with notice to interested parties. If no bids are received, the creditor may keep the asset in full settlement of the debt (Arts. 569-20 and 569-21 of the Catalan Civil Code). The Notaries Act applies to anything not provided for.
What to bring to the notary: the pledge deed or policy, proof of the debt and the registry details of the asset.
For information only. This is not advice on any specific case. The situations described are generic and do not correspond to any identifiable client.
