The Provincial Court of Madrid recognizes a woman’s right to recover 156,699 euros that her ex-husband refused to return during the liquidation of marital in divorce. The money, which came from an inheritance and a family donation, was deposited into joint accounts and used for marriage expenses. The husband maintained that when mixed with the common property it had become community property, but the court concluded that its private origin justified the right to reinstatement.
According to the ruling of June 30, 2025, during the divorce, the couple began the formation of the inventory. The wife requested that two items be included: 136,699 euros from an inheritance from her uncle and 20,000 euros donated by her father. Although the money was used to cover family needs, she defended that it did not lose its private nature and that she had the right to reimbursement when the community property was dissolved.
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The ex-husband opposed its inclusion. He alleged that the funds had been mixed with the marital assets and that there was no express reservation indicating a willingness to be reimbursed. In his opinion, his then wife acted voluntarily and waived any claim upon entering the funds in common accounts.
The Court of First Instance No. 66 of Madrid upheld the woman’s request and included both amounts in the liabilities of the inventory. According to their ruling, the private origin of the money was considered proven, so the woman had the right to its reimbursement, according to articles 1346.2, 1358 and 1398.3 of the Civil Code. He also ruled out that there was a spirit of liberality, as no willingness to donate had been proven.
Money from inheritances and donations is private, even if it is deposited in common accounts
After the husband’s appeal, the Provincial Court of Madrid confirmed the court’s resolution, highlighting that what is relevant is the origin of the money, not the destination given to it. If it comes from an inheritance or donation, as in this case, it has a private nature in accordance with article 1346 of the Civil Code.
The fact that these amounts had been entered into a joint account does not imply that that nature is lost or that the assets become marital. The Court recalled that according to article 1358 CC, when a spouse contributes private property to satisfy common expenses, he or she has the right to its reimbursement, and that said debt must be expressly recorded in the inventory, as provided in article 1398.3 CC.
Nor did he consider it proven that the woman had waived the reimbursement of the money, and as stated in the ruling, a donation cannot be presumed without clear proof of the “animus donandi” (the person’s will to do so), as required by the jurisprudence of the Supreme Court. The fact that the wife consulted which account to deposit the money into is not enough to prove voluntary generosity.
For all these reasons, the Court confirmed the inclusion of both credits in the inventory as debts in favor of the wife. However, the sentence was not final, and there was an appeal against it for cassation or procedural violation.