Ownership Of Property And Marriage

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03 Feb 2017 1:49 PM by mib150 Star rating in Corvera / Yorkshire. 125 posts Send private message

Just a query?

A couple are married and one party buys the property as the other person could not be present to sign. In Spanish law does the spouse have equal rights to the property in the event of divorce or breakup?

I've had conflicting information and wondered if anyone can shed any light on this?

Cheers

MIB





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03 Feb 2017 2:56 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

If you are getting divorced in Spain the courts will try to apply the relevant law of where the marriage was took place

So if you were married in UK and plan to divorce in Spain then the Spanish court will apply English law (or Scottish) where possible

If you are divorcing in the UK then all assets of the marriage will be determined and settled by the courts or in a divorce settlement agreement between both parties and their solicitors 

So in short I would suggest that as the house in Spain it is a joint asset (and possible joint liability if you have a mortgage or debt on the property) via marriage and usage etc. Same as a car, a stereo, garden shed etc

If you are considering a divorce  then suggest you go and see a divorce solicitor ASAP. If it is a general query for wahtever reason again go see a solicitor for certainty



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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03 Feb 2017 3:58 PM by mib150 Star rating in Corvera / Yorkshire. 125 posts Send private message

Thanks Tadd - yes it was just a general query - no divorce taking place!





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03 Feb 2017 4:05 PM by Tadd1966 Star rating in Los Montesinos. 1754 posts Send private message

pleased to hear no divorce - they are not nice things to experience

so woudl suggest that the house in spain is a joint (marital) asset (and possibly a joint liability)



_______________________
“The greatest enemy of knowledge is not ignorance; it is the illusion of knowledge”



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03 Feb 2017 4:52 PM by johnzx Star rating in Spain. 5240 posts Send private message

 

 

From enquires I made 10 years ago I understand that in Spain when a couple get married  the assets which they have remain their property, and on divorce normally one could not claim on them.  Assets acquired after married are joint assets.

 

I suspect that if the property is in one name then in the event of the owner dying  the inheritance tax for the non-owner spouse would be on 100% of the property. If it is in two names then it would be 50%.   Thus if one is able I think it would be belter to put the property in both names. 

 

In the case you describe, the other party could give the other a Poder (Power of Attorney) then the person present could sign for the other who would then be a joint owner.

If a person owns a property when they marry then the non-owner spouse will be taxed on 100% of the value.  

 


This message was last edited by johnzx on 03/02/2017.



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