That is potentially a criminal offence, even though you’re married.
Why this can be illegal (Spain)
1. Ownership matters
If the computer is:
- Yours (bought by you, primarily used by you), or
- Clearly used for your personal or professional purposes
👉 Your husband had no legal authority to wipe it.
Marriage does not override property rights or digital rights.
2. Likely criminal offences
Depending on the facts, this can fall under:
🔴 Computer damage (Daños informáticos)
Spanish Criminal Code, Article 264
- Destroying, damaging, or deleting data without authorization
- Applies even between spouses
- More serious if:
- Data had economic or professional value
- The act was intentional or retaliatory
🔴 Violation of privacy / secrecy
Articles 197–197 bis
- If personal files, communications, emails, photos, or records were accessed or destroyed
- Especially serious if it involved control, punishment, or intimidation
🔴 Gender‑based or coercive abuse (context‑dependent)
Courts increasingly recognise:
- Digital sabotage as coercive control
- Especially during conflict, separation, or after disclosure of abuse
3. Civil liability
Separately from criminal law, he may owe:
- Compensation for damages
- Loss of work, records, evidence, or personal data
- Costs of forensic recovery
What to do now (important)
✅ 1. Do NOT touch or reuse the computer
- Do not reinstall the OS
- Do not overwrite the drive
- This preserves forensic evidence
✅ 2. Document everything
Write down:
- Date/time you discovered the wipe
- What data was lost
- Any messages, admissions, threats, or context
- Who had access to the device
Save:
- Texts, emails, WhatsApps
- Photos of error screens or “fresh install” states
✅ 3. Get a forensic assessment
A professional can:
- Confirm the wipe
- Determine whether it was deliberate
- Attempt partial recovery
This carries significant legal weight.
✅ 4. Legal options
You may choose one or more:
- Police report (denuncia) for data damage
- Civil claim for losses
- Family court relevance if separation/divorce is ongoing or imminent
You do not need to decide everything at once.
Very important reassurance
You are not overreacting.
This is not “a domestic argument.”
Spanish courts increasingly view:
Destroying someone’s data as a form of power, control, and harm.
Especially when done by a partner.
