Joint ownership is not automatic inheritance
Start with the title: who owns the property, and in what proportions? If each partner owns half, the survivor normally retains their own half; that does not establish who inherits the deceased's share. Nor does paying more of the household bills automatically change the registered percentages.
Imagine a couple sharing an apartment in Calahonda, with children from earlier relationships. If one dies, the other may find themselves sharing ownership with heirs. Whether the survivor can remain in the whole apartment, receive rent or agree a sale requires more than checking whose name appears on utility bills.
Identify the succession law before making promises
Under Spanish common civil law, an unmarried partner is not automatically called to inherit as a spouse on intestacy. Registration as a pareja de hecho should not be treated as a universal substitute for a will. Regional civil rules and international succession law can lead to different outcomes.
For a cross-border family, the EU Succession Regulation generally looks to the deceased's last habitual residence, subject to exceptions and a valid nationality-law choice. Having a property in Málaga does not alone decide the applicable law. Any tax treatment of registered partners is a separate question from entitlement to inherit.
What can a will address?
Depending on the applicable law and protected family rights, a will may provide an inheritance share, a specific gift or a suitable right to use the home. None should be chosen from a template without considering children, other assets, debts and the practical costs of keeping the property.
Coordinate Spanish and overseas wills so that the intended gift is not contradicted or revoked elsewhere. If your aim is to protect occupation rather than transfer full ownership, say that clearly at the appointment. A right to use a home and a right to sell it are not the same thing.
Bring a short planning file
- Property deed and current ownership shares, including any separately registered garage.
- Existing wills, nationality and habitual residence details for each partner.
- Information about children, previous marriages and any registered partnership.
- Mortgage obligations and any relevant life insurance beneficiary designations.
- Your preferred outcome: continued occupation, outright inheritance, or an eventual sale.
Do not assume that inheriting the property automatically changes the loan agreement or releases a borrower. The financing and any insurance need their own review. Explain what the survivor could realistically afford, including community charges and upkeep.
Frequently asked questions
Does a joint bank account protect my partner's right to the home?
No. Bank arrangements do not replace the property title or the succession rules governing the deceased's estate.
Can we simply leave everything to each other?
That depends on the applicable law and any protected heirs. The proposed gift must be assessed before signing; a will cannot be assumed to override every mandatory family right.