Marriage With a Spaniard

Information and questions about the Law in Spain and Andalucia.
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alicia
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Marriage With a Spaniard

Postby alicia » Sun Mar 20, 2011 3:41 pm

The house where future husband lives is in the name of him and his siblings. If we marry and he were to die before me, where would I stand with regard to security of living in the house!!!!! We have planned to renovate the house together.

Would anyone know!!!!!

Bongtrees
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Re: Marriage With a Spaniard

Postby Bongtrees » Sun Mar 20, 2011 5:20 pm

alicia wrote:The house where future husband lives is in the name of him and his siblings. If we marry and he were to die before me, where would I stand with regard to security of living in the house!!!!! We have planned to renovate the house together.
It will depend on which regime you marry under.
I suggest you Google matrimonial regimes Spain to find some answers.
Dont forget that they differ from region to region as well.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell

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annfoto
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Re: Marriage With a Spaniard

Postby annfoto » Sun Mar 20, 2011 5:25 pm

As I understand it, but I may be wrong.
Whether he has a will or not at least 33% of his share in the house would pass to you. Even if his children wanted to sell the house after his death they could not if you do not agree to it.
Ann

katy
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Re: Marriage With a Spaniard

Postby katy » Sun Mar 20, 2011 5:39 pm

The house is also has the siblings name on it so that will be more complicated, you need professional advice.

markwilding
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Re: Marriage With a Spaniard

Postby markwilding » Sun Mar 20, 2011 10:49 pm

My half of my house passes directly to my son as does my wife's.I was told by a solictor I would need to make a will to change it.
I agree with Katy, these things are quite complicated so I would get professional advice.

Bowler
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Re: Marriage With a Spaniard

Postby Bowler » Mon Mar 21, 2011 2:05 pm

Regardless of love and marriage and all that stuff I'd be very careful here, any money you invest in renovation will be automatically swallowed up by the siblings shares, ie, if the house is worth 150,000 the shares will still be valued equally between the siblings, no matter how much you invest, I wouldn't bother investing much.
The Spanish are very territotial when it comes to death and legacies, in the event of your husbands death you will no longer be a sister in law but an enemy.
I'm also not sure if Annfoto is correct, I'm pretty sure the siblings can sell their shares to whoever they want, I'm sorry If I sound like a doom monger but Spanish property laws are a nightmare and especially so when it involves family, I know this because I owned in Andalucia for many years and have witnessed a number of nasty standoffs between family members when it comes to money! anyone remember the murders of a couple of family members a few years ago in Mijas because of a dispute over the sharing out of "El Gordo".
If I were you I would consult a Spanish speaking English solicitor, better still ask your potential husband if he would be prepared to sell his portion of the property now (which would in effect treble your share) and re-invest it it another property where the sole beneficiary would be you, the siblings can also charge you rent remember, as I said this is a potential minefield so tread very carefully.

markwilding
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Re: Marriage With a Spaniard

Postby markwilding » Tue Mar 22, 2011 10:48 am

If you look at this objectively, how would you feel if Your dad's house passed to his new wife after he died? Then the estate passed on to her children after she died. Especially if the man's wife died and didn´t want her part to leave the family.


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