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What it is

Couples can co-own a farm under shared title

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 30 May 2011. Introduced by: Gobierno.

Official title: Government bill on shared ownership of agricultural holdings.

Follow this law

Source: Congreso de los Diputados, file 121/000128· updated 11 Nov

Automatic summary, not yet reviewed

  1. It creates shared title: a married couple or registered partners can jointly manage a farm as an economic unit with no legal personality. It does not change who owns the assets or the couple's property regime.
  2. To hold shared title, both people must be registered with Social Security, work directly and personally on the farm, and live in the rural area where it is located.
  3. Both holders manage the farm together, income is split 50 percent each, and both are directly, personally, jointly and unlimitedly liable.
  4. Shared title must be registered in a registry of the autonomous community to have legal effect, and the communities report the data quarterly to a state registry at the Ministry of Environment, and Rural and Marine Affairs.
  5. Farm subsidies and aid are split equally between the two holders, and these farms count as priority farms and get preferential treatment in grants, provided one holder is a professional farmer and income limits are met.
  6. If a spouse or partner works effectively and regularly on the farm without pay and there is no shared title, they can claim economic compensation if the farm is transferred or the marriage or relationship ends. The claim expires after five years.

Who it affects

  • Women working on family farms without being listed as owners: They can be recognized as co-holders with economic rights, or claim compensation for their work
  • Married couples and registered partners in farming: They can set up shared title and split income and aid 50/50
  • Professional farmers: Their shared farms can be priority farms and get preferential treatment in aid
  • Autonomous communities and ministries: They must keep the shared title registries and exchange data with each other

Words worth knowing

Titularidad compartida
Shared title: a regime where two people, usually a married or de facto couple, jointly hold the farm
Explotación agraria prioritaria
Priority farm: under Law 19/1995, a farm with preference for benefits, aid and support measures
Responsabilidad solidaria e ilimitada
Joint and unlimited liability: each holder answers with all their assets, and a creditor can claim the full amount from either one
Silencio administrativo
Administrative silence: if the registry does not reply in time, registration is deemed granted
Prescribir
To lapse: losing the right to claim after the legal deadline, here five years

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced30 May 2011Someone registers the text in the Congreso.
  2. Admitted7 June 2011The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments10 June 2011Groups propose changes.
  4. Committee1 July 2011A committee goes through the text in detail.
  5. Plenary19 July 2011All 350 deputies vote.
  6. Senate21 July 2011The Senate can pass it, amend it or veto it.
  7. BOE22 September 2011It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
May 2011Jun 2011Jul 2011Aug 201111. 30 May 2011: Presentación22. 7 June 2011: Comisión de Medio Ambiente, Agricultura y Pesca Publicación desde 07/06/2011 hasta 10/06/201133. 7 June 2011: Calificación44. 10 June 2011: Comisión de Medio Ambiente, Agricultura y Pesca Enmiendas desde 10/06/2011 hasta 01/07/201155. 1 July 2011: Comisión de Medio Ambiente, Agricultura y Pesca Informe desde 01/07/2011 hasta 12/07/201166. 12 July 2011: Comisión de Medio Ambiente, Agricultura y Pesca Dictamen desde 12/07/2011 hasta 19/07/201177. 19 July 2011: Pleno Aprobación desde 19/07/2011 hasta 21/07/201188. 21 July 2011: Senado desde 21/07/2011 hasta 14/09/201199. 14 September 2011: Pleno Enmiendas o veto del Senado desde 14/09/2011 hasta 22/09/20111010. 22 September 2011: Concluido - (Aprobado con modificaciones) desde 22/09/2011 hasta 27/10/2011

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 35/2011, of 4 October, on joint ownership of agricultural holdings.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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