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Property and matrimonial regimes

Attachment for a former spouse’s separate post-dissolution debts

Supreme Court · Civil Chamber · STS 350/2026 · Appeal 5939/2023
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

Attachments over an entire common asset for one former spouse’s later separate debts did not justify inventoring a credit against that debtor. The appropriate remedy examined was a third-party ownership claim limiting attachment to the debtor’s abstract share.

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Official source and identification

Supreme Court · Civil Chamber · STS 350/2026 · Appeal 5939/2023 · 2026-03-04

Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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