Preliminary Proceedings and Inventory Formation in Marital Property Regimes

When a party wishes to file for the formation of an inventory but lacks precise knowledge of the assets owned by the other spouse that form part of the marital estate (such as bank deposits, insurance policies, pension funds, investment funds, company shares, etc.), the appropriate course of action is to request preliminary proceedings under Articles 256 and following of the Spanish Civil Procedure Act (LEC), with the effects outlined in Article 261 of the same law.

Judicial doctrine supports this possibility, as it is not uncommon for one spouse, often acting as the administrator or manager of a business or enterprise owned by the marital community, to hold exclusive possession of documentation and detailed knowledge of the marital estate's assets. It is feasible to interpret that marital property falls under the scope of Article 256.4 of the LEC, which refers broadly to "society and community" without excluding the marital economic regime.

To justify the request, it is essential to demonstrate that the case aligns with one of the legal scenarios outlined in Article 256 and to substantiate its appropriateness. This is crucial to prevent the court from applying Article 258 of the LEC, which could dismiss the request for lack of justification.

Under Article 258 of the LEC, the adoption of preliminary proceedings requires:

• Alignment with the intended purpose,

• Just cause, and

• Legitimate interest on the part of the petitioner.

Additionally, the request must clearly articulate the grounds and motivations for the proceedings and include an offer to provide the security deposit referenced in these provisions.

By adhering to these guidelines, parties can effectively navigate the complexities of inventory formation in marital property disputes.