Can owner’s husband be President?

Q. Article 13 of the Law of Horizontal Property states that, “The President shall be chosen from among the owners in the Community.” In our list the wife of the President is named as the owner. The Property Registry names the wife as owner and says:

TITULARES ACTUALES:  “Maria….Participación…Pleno Dominio para la sociedad conyugal, casada con Don Francisco…”

My question is whether a spouse can be classed as an owner and so be The President of our Community?

J.P.  (Costa Blanca)                                                                                                                                                            

A. The key to your question is “full ownership for the matrimonial entity”, or “sociedad conyugal”.  If their partnership is “gananciales”, they are co-owners. If their scheme is “separación de bienes”, then only the wife owns. Most couples in Spain have property sharing. The husband’s name does appear. In the case of two or more owners, one of them must be named to exercise their Community rights.  If they choose to name the husband, then he can legally be President.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.