Autor Nicki Price, CEO
An unmarried couple can buy a Costa Cálida home together exactly like any two individuals: both names go on the title deed (escritura) as co-owners in a proindiviso (undivided joint ownership), each holding a stated percentage share, usually 50/50, but any split is allowed. The key difference from a married couple is that Spanish law gives an unmarried partner no automatic inheritance right and no automatic share, so what you write into the deed and into mutual wills is what protects you. On a Murcia resale you also pay the region's 2026 transfer tax (ITP) of 7.75% under Ley 3/2025, not the old 8% figure still shown on many sites.
This guide explains how shares are set, how to protect each other if one of you dies or the relationship ends, and the practical paperwork for buying together in Mazarrón, Águilas, La Manga, Los Alcázares and the rest of the Costa Cálida.
Unmarried partners hold Spanish property in proindiviso (also written pro indiviso): each owns an abstract percentage of the whole property, not a physical half of the house. The notary records each name, NIE and share on the escritura, the Registro de la Propiedad enters both owners, and from then on neither can be forced to sell but either can sell their own share.
This matters because Spain has no "common-law marriage" that automatically pools assets. A pareja de hecho (registered unmarried partnership) exists in the Región de Murcia, but registering it does not change how the property is owned or who inherits it, only the deed and your wills do that. Both partners need an NIE before signing; see our guide on the NIF vs NIE number and on how to buy as a non-resident.
Your shares on the deed should reflect what each of you actually contributes, to the purchase price, the deposit, and (ideally) future running costs. A 50/50 split is simplest and common, but if one partner puts in most of the money, an unequal share such as 70/30 protects that person and keeps the Agencia Tributaria happy, because a very lopsided deed combined with unequal payments can look like a gift (donación).
Decide the percentages before the notary appointment, because they are written into the escritura on the day and changing them afterwards means a fresh deed and more tax.
| Split | When it fits | Watch out for |
|---|---|---|
| 50 / 50 | Both pay roughly equal amounts | If one actually paid more, the gap can be treated as a gift |
| 70 / 30 (or similar) | One partner funds most of the price or deposit | Keep bank records proving each contribution |
| 100 / 0 (sole owner) | Only one partner buys; other has no legal stake | The non-owner needs a separate agreement or they walk away with nothing |
The taxes and costs are identical whether you are married, unmarried or buying alone, ownership status does not change the bill. On a Costa Cálida resale you pay ITP of 7.75% (Ley 3/2025, Región de Murcia); on a new build you pay 10% IVA plus AJD stamp duty of 1.5%. The tax is calculated on the higher of the agreed price or the Catastro's valor de referencia, so always check the reference value before signing, many competitor articles miss this and under-estimate the tax.
| Item | Rate | Approx. cost |
|---|---|---|
| ITP transfer tax (Murcia) | 7.75% | €19,375 |
| Notary | ~0.2-0.5% | €500-1,250 |
| Land Registry | ~0.1-0.25% | €250-625 |
| Lawyer | ~1% + IVA | ~€3,025 |
| Gestoría | fixed | ~€300 |
| Total on top of price | ~10% | ~€23,500-24,500 |
For a new build the all-in extra runs nearer 12-13%. For the wider decision of buying as two people versus through a company, see our guide to buying jointly or via a company, and for the running taxes once you own, our Costa Cálida holiday-home taxes guide.
This is the single biggest risk for unmarried couples. Under Spanish law a surviving unmarried partner inherits nothing automatically, the deceased's share passes to their legal heirs (children, parents, then other family) unless a will says otherwise. Without a will naming your partner, the surviving partner can end up co-owning the home with their late partner's children or relatives.
The fix is a Spanish will for each partner, signed before a notary and lodged in the Registro General de Actos de Última Voluntad, leaving the Spanish property share to the other. Be aware of two limits: Spanish forced heirship rules may reserve part of an estate for children, and unmarried partners pay higher inheritance tax than spouses because Murcia's generous family reductions apply mainly to Grupo I and II relatives (spouses, children, parents), an unmarried partner is usually treated far less favourably. Read our inheritance tax owner's guide before you decide how to word your wills.
Registering as a pareja de hecho in the Región de Murcia can improve your position for some regional benefits, but it does not override the national inheritance tax groups or forced heirship, and it does not put your partner on the deed. Treat it as a complement to, never a substitute for, a proper will and a correctly worded deed.
In a proindiviso, no co-owner can be trapped forever. Under the Código Civil, any co-owner may demand the division of the shared thing (acción de división de la cosa común); if you cannot agree a buy-out or private sale, a court can order the property sold at public auction and the proceeds split by share. That is slow, costly and rarely gets the best price, which is exactly why a written agreement between you matters more than the law's fallback.
A co-ownership agreement, in Spanish a pacto de proindiviso or pacto de convivencia, is a private contract between the two of you that sets the rules the deed alone does not cover. For unmarried couples it is the most important document after the escritura and the wills, because it decides in advance what happens when life changes.
A good 2026 agreement typically covers:
Have it drafted or reviewed by your Spanish lawyer alongside the purchase, the ~1% legal fee you are already paying usually covers advice on this. For the mechanics of signing day itself, see our notary and completion day guide.
If you borrow together, both partners are usually jointly and severally liable for the whole loan, meaning the bank can pursue either of you for the full balance, regardless of your deed share. A 70/30 deed does not create a 70/30 mortgage; the lender wants both names and both incomes. Non-resident lending terms differ too, so read our non-resident mortgage guide and plan currency transfers with our FX guide, especially British buyers facing currency risk.
At the time of writing (November 2026) Mediter has 8,425 properties for sale across the Costa Blanca, Costa del Sol, Costa Cálida and Costa de Almería. On the Costa Cálida that spans everything from compact La Manga and Mazarrón apartments ideal for a 50/50 first purchase together, to detached villas where unequal contributions make a 70/30 deed worth discussing. Because stock and prices move weekly, ask us for the current Costa Cálida range that fits your joint budget rather than relying on a figure that dates quickly.
Yes. Both names go on the escritura as co-owners in proindiviso, each with a stated percentage share. No marriage or registered partnership is required, only an NIE each and the funds.
No. Purchase tax is the same regardless of relationship status: 7.75% ITP on a Murcia resale (Ley 3/2025) or 10% IVA plus 1.5% AJD on a new build, charged on the higher of price or valor de referencia.
No, this is the critical point. Without a Spanish will naming your partner, your share passes to your legal heirs, and an unmarried partner also pays higher inheritance tax than a spouse in Murcia. Make mutual wills before a notary.
Under the Código Civil any co-owner can demand division of the proindiviso; if you cannot agree, a court can order a sale. A co-ownership agreement with a right of first refusal and buy-out formula avoids this.
Match the deed shares to what each of you actually pays. If one partner funds most of the price, an unequal split such as 70/30 reflects reality and avoids the lopsided-50/50 being treated as a gift by the Agencia Tributaria. Keep your bank records.
Only partly. It can help with some regional benefits but does not put your partner on the deed, does not override forced heirship, and does not give the favourable spouse inheritance-tax treatment. Use the deed, wills and a co-ownership agreement instead.
Getting the deed shares, wills and co-ownership agreement right is far easier before you sign than after. Mediter Real Estate helps unmarried couples buy across the Costa Cálida, Costa Blanca, Costa del Sol and Costa de Almería, and works alongside independent Spanish lawyers who protect both partners. Contact us at info@mediter.com or +34 744 719 499 to find the right joint home and buy it the safe way.
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