Is it possible to attach a joint account in two names?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but only the part that belongs to the debtor. The law presumes that the money in an account with several holders belongs to them in equal shares, unless the contrary is proved. So, in an account with two holders, only half the balance can in principle be attached for the debt of one of them. If the other holder proves that the money, or a larger part of it, is theirs, for example because it comes from their salary, they can ask for it to be returned. What the law says The “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, provides that, where the money is in an account in the names of several holders, only the debtor's share is attached. It makes no difference whether it is an either-to-sign account, which any of the holders can operate alone, or an all-to-sign account, which needs everyone's signature. In both cases the balance is deemed to belong to the holders in equal shares, unless it is established that the money belongs to one or the other in a different proportion. This is what the law calls “titularidad material” (actual ownership), that is, who the money really belongs to. Being an account holder does not make anyone the owner of the money. What matters is where it comes from. That is why the equal-shares rule can give way in either direction. The other holder can prove that more than half is theirs. And the creditor can prove that the money belongs to the debtor, for example because only the debtor pays money into the account. If the holders are a married couple under the “sociedad de gananciales”, the community-property regime, which is the most common one in the greater part of the rest of Spain, special rules apply, because joint money can be liable for some debts of only one of the spouses. If you are the other holder If your account has been attached for a debt that is not yours, you can ask the court that ordered the attachment to release your share. You should provide these documents: Your payslips, your pension certificate or proof of the payments you make into the account. The bank statements, showing where the balance comes from. If the money comes from an inheritance, a sale or a gift to you, the documents that prove it. If the court does not grant your request, the law allows you to bring a third-party ownership claim (“tercería de dominio”). It is a procedure in which someone who is not a party to the enforcement asks for what has been attached to be recognised as theirs and for the attachment to be lifted. To bring one, you must provide some document supporting what you are asking for. It is best not to wait, because it can no longer be brought once the money has been handed over to the creditor.