Liquidation & Insolvency · Spain
Liquidation lawyers in Spain for winding up, asset division and estates
In Spain, liquidation can mean winding up a company’s affairs, dividing matrimonial property after a divorce, recovering a debt or settling a succession. Tell us which situation you are facing, and we match you with a Spanish lawyer whose practice covers it. The matching service is free and carries no obligation.
- Company winding up, matrimonial asset division, debts and estates
- Lawyers registered with a Spanish Colegio de la Abogacía
- Free matching, first response usually within 24–48 hours
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Overview
What liquidation means in Spain
Liquidation rarely describes a single procedure in Spain. It can be the winding up of a company’s affairs, the liquidación de gananciales that divides matrimonial property after a divorce, the pursuit of an unpaid debt, or the settlement of an estate under the Civil Code’s forced-heirship rules. Each route runs before different courts, follows its own timetable and depends on where in Spain the assets are located. Our role is simple: you describe the situation once, and we match you with liquidation lawyers in Spain whose practice covers that exact matter. You then speak directly with the lawyer and decide how to proceed.
Spain in practice
How liquidation works under Spanish law
Spanish liquidation matters are governed by national codes and, in some regions, by regional civil law that coexists with the common Civil Code. The court, the deadline and even the property regime that applies to your file can differ depending on where the assets sit and where the case is heard.
Codes, not precedent: the shape of a Spanish case
Spain follows the continental civil-law model, where rules come from comprehensive codes such as the Civil Code of 1889 rather than from earlier judgments. Civil liquidation proceedings begin before the Juzgados de Primera Instancia, appeals are heard by the Audiencias Provinciales, and the Tribunal Supremo in Madrid unifies interpretation through its jurisprudencia.
Who may act for you in a liquidation file
Membership of a Colegio de la Abogacía is compulsory in order to practise law in Spain, and registration with one Bar Association allows practice throughout the national territory. In civil and commercial litigation both an abogado and a procurador are generally required; only in small claims up to €2,000 may a party appear in person.
What a liquidation proceeding costs
A court fee (tasa judicial) applies in the civil and contentious-administrative orders, but only legal persons pay it — natural persons are exempt under Law 10/2012. Lawyers’ fees are freely agreed between lawyer and client, with no binding official tariffs, although bar associations publish non-binding guideline criteria. Costs may be awarded against the losing party, capped at one third of the amount in dispute for professional fees.
Divorce: liquidating the sociedad de gananciales
In territories governed by the common Civil Code, the default matrimonial property regime is the sociedad de gananciales: income and property acquired by either spouse during the marriage become common. Spouses may instead opt for separation of property in a marriage settlement before a notary. Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default, so the region matters.
Succession: what the legítima reserves
Spanish succession law limits testamentary freedom through the legítima, the portion reserved for forced heirs. In the common regime, children and descendants are entitled to two-thirds of the estate, one third as strict legítima and one third distributable as mejora, while the surviving spouse holds a lifetime usufruct. In cross-border successions, EU Regulation 650/2012 allows a testator to elect their national law.
Property, notaries and non-resident tax
Transfers and encumbrances of Spanish real property require a public deed (escritura pública) before a notary, and registration in the Registro de la Propiedad — organised by the folio real system — confers strong protection. Non-residents pay IRNR on Spanish-source income at 19% for EU/EEA residents with effective exchange of information and 24% for others; unrented property must also be declared.
The country information on this page is taken from official sources — the Boletín Oficial del Estado, the European e-Justice Portal and the Spanish Tax Agency — consulted in 2025.
- European e-Justice Portal – National justice systems: Spain
- Boletín Oficial del Estado – Estatuto General de la Abogacía Española (Royal Decree 135/2021)
- Boletín Oficial del Estado – Civil Code (Código Civil, 1889)
- Boletín Oficial del Estado – Law 1/1996 on free legal aid
- Boletín Oficial del Estado – Law 36/2011 on the social jurisdiction
- Boletín Oficial del Estado – Law 29/1987 on inheritance and gift tax
- Boletín Oficial del Estado – Law 39/2015 on administrative procedure
- Spanish Tax Agency – Non-resident income tax rates
Common situations
Why liquidation cases stall
Three situations clients describe most often when they first contact us about a Spanish liquidation matter.
The file has already been opened
A creditor, a former spouse or an heir has started proceedings and you are not sure which Spanish court is hearing the matter, or what the documents you received actually require you to do next.
Assets and debts in two systems
Spanish property, a foreign bank account and a company registered here rarely sit in one jurisdiction. Choosing the wrong route early can complicate the division of the estate or the winding up later.
Costs are hard to predict
Lawyers’ fees in Spain are freely agreed, so two firms can quote very differently for the same liquidation. Without a lawyer who knows the local practice, budgeting for the file is guesswork.
How we help
Matched with the right lawyer, quickly
You keep control of every decision; we simply remove the guesswork about who to call.
Liquidation practices only
We match you with lawyers whose day-to-day work covers winding up, asset division, debt recovery or succession in Spain — not generalists who take a liquidation file once a year.
One brief, several firms
You write your situation once. We use it to identify suitable Spanish practices, so you are not repeating the same story to five offices before anyone confirms whether they can help.
Country rules explained
The lawyer you meet will explain how the relevant Spanish court, deadline or registry works in your case, including regional rules where the common Civil Code does not apply in full.
Free for clients
Our matching service costs you nothing. You speak to the lawyer directly, agree fees with them if you decide to proceed, and are under no obligation to instruct anyone.
Coverage
Other European countries we cover
If your matter touches more than one jurisdiction, we also match clients with specialised lawyers in these countries.
FAQ
Liquidation in Spain: common questions
What can liquidation lawyers in Spain help me with?
Liquidation lawyers in Spain deal with several distinct situations: winding up a company’s affairs, the liquidación de gananciales that divides matrimonial property after separation, recovery of debts, and the settlement of an estate under the Civil Code. Because each route runs before different courts and follows its own timetable, the first step is identifying which one applies to you.
How much does a liquidation lawyer cost in Spain?
Lawyers’ fees in Spain are freely agreed with the client; there are no binding official tariffs, although bar associations publish non-binding guideline criteria. Natural persons are exempt from the tasa judicial in civil cases, while legal persons are not, and a losing party may be ordered to pay costs subject to the one-third cap on professional fees.
Do I need a procurador as well as a lawyer in Spain?
In civil and commercial litigation in Spain the intervention of both an abogado and a procurador is generally mandatory. The exception is small claims (juicio verbal) up to €2,000, where a party may appear in person. In criminal proceedings a lawyer is required, and legal assistance is constitutionally guaranteed.
How long do I have to bring a claim in Spain?
It depends on the matter. General contractual debt claims and lease arrears expire after five years, an employment dismissal claim must be filed within 20 working days, inheritance tax within six months of death, and an administrative appeal within one month. A lawyer can confirm which period applies to your case before it lapses.
We married abroad — which property regime applies in Spain?
Where the common Civil Code governs, the default regime is the sociedad de gananciales, under which property acquired during the marriage becomes common. Couples may choose separation of property in a marriage settlement before a notary. Catalonia, the Balearic Islands and the Valencian Community apply separation of property by default.
Can I get free legal aid for a liquidation case in Spain?
Free legal aid (asistencia jurídica gratuita) under Law 1/1996 covers a lawyer, procurador, experts and exemption from procedural costs for those without sufficient means. Eligibility is linked to the IPREM indicator — generally twice the IPREM, and three or four times for applicants with dependent family members. Applications are filed with the Bar Association of the competent court.
Next step
Tell us about your liquidation matter
Describe your situation in a few lines — a company winding up, matrimonial assets, an unpaid debt or a succession in Spain. We will match you with a lawyer who handles that kind of work, at no cost to you.