In a marriage without property separation, do both spouses have to come to buy a property in Spain?

Generally, for married couples without property separation (community of property), the law may require the consent of both spouses for significant legal actions, such as the purchase of real estate, since such a transaction affects joint property. This means that both spouses may need to be physically present, or at least one spouse may need a notarized power of attorney from the other spouse to act on his or her behalf during the purchase.

However, there are exceptions and different practices, depending on the interpretation of the rules by notaries and the specific circumstances of the transaction. In some cases, if one spouse cannot be present, it is possible to grant a power of attorney to the other spouse or another trusted person so that he or she can make the purchase on behalf of the absent spouse. The power of attorney must be properly prepared and usually requires legalization, such as through an apostille, if issued outside Spain.