Which assets cannot be attached?

The law protects what a person needs to live and work with dignity, as well as certain assets by their very nature. Among the things that cannot be attached are pets, furniture, household goods and clothing that are not superfluous, food and other essentials, or the part of the salary or pension that does not exceed the national minimum wage (“salario mínimo interprofesional”). The equipment the debtor needs for their profession is also protected in certain cases. On the other hand, the principal residence and the car can be attached.

José Manuel Alburquerque

Alburquerque Abogados

Litigation

What can never be attached

The “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, declares the following assets absolutely exempt from attachment, whatever the debt:

  • Pets, although any income they generate can be attached.
  • Assets that have been declared inalienable, that is, that cannot be sold or transferred.
  • Ancillary rights that cannot be sold separately from the main right on which they depend.
  • Assets that have no economic value on their own.
  • Assets that another law declares exempt from attachment.

What the law protects for the debtor

The law also protects the following assets of the debtor against attachment:

  • The furniture, household goods and clothing of the debtor and their family, except anything that may be considered superfluous.
  • Food, fuel and other assets that the court considers essential for the debtor and those who depend on them to live with reasonable dignity.
  • The books and equipment needed for the debtor's profession, art or trade, where their value is out of proportion to the debt claimed. This is a protection that the court assesses case by case.
  • Sacred objects and those dedicated to worship in legally registered religions.
  • Amounts that a law or a treaty declares exempt from attachment.

The most important of these amounts is the part of the salary or pension that does not exceed the national minimum wage, 1.221 euros a month in 2026. Of anything above that figure, a percentage is attached in bands, starting at 30 %. The same protection extends to unemployment benefit and the other benefits paid by the “Seguridad Social”, the Spanish social security system.

What can be attached

Apart from those exceptions, the debtor is liable for their debts with all their assets, present and future. The principal residence and the car can be attached, unless the car is equipment the debtor needs for their work on the terms described above. That does not mean they are attached without further ado. The law requires attachment to start with what is easiest to sell and least harmful to the debtor. Nor does it allow assets worth more than the debt to be attached if there are others of lower value.

If the debt is maintenance, such as child maintenance, the protection of salaries does not apply and the judge decides how much is attached. The same may happen with a compensatory payment (“pensión compensatoria”) after a separation or divorce, if the person receiving it asks for this and shows that they need it.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.