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| Costa Blanca Lawyers - Unmarried and Same Sex Couples - advice in English from English Lawyers |
Ownership of assets should be defined
clearly because it can be difficult to work out
who actually owns what. For instance, when
purchasing in Spain if there are two people
buying then the likelihood is that the Escritura
will give equal ownership. If the division of
financial input is not equal then measures can
be taken to reflect the division. For those
with children from a previous relationship,
they may wish to protect them and again
measures can be taken to do that through a
Spanish Will.
If you are an unmarried couple domiciled in
Spain and you leave your assets to your
partner they could be required to pay as much
as 81.6% of the value of your estate.
Have you thought about your situation if
your partner has children from a previous
Marriage The Laws in Spain are clear - make
sure that your estate is distributed as you
wish and not as the state dictates.
The position of same sex couple is just the
same and can be more serious because your
partner has no entitlement whatsoever in
Spain to your assets even if they have
undertaken a civil partnership. Unless
provision is made all assets go to the blood
relatives in accordance with Spanish Law
There are ways around this for advice call us
clearly because it can be difficult to work out
who actually owns what. For instance, when
purchasing in Spain if there are two people
buying then the likelihood is that the Escritura
will give equal ownership. If the division of
financial input is not equal then measures can
be taken to reflect the division. For those
with children from a previous relationship,
they may wish to protect them and again
measures can be taken to do that through a
Spanish Will.
If you are an unmarried couple domiciled in
Spain and you leave your assets to your
partner they could be required to pay as much
as 81.6% of the value of your estate.
Have you thought about your situation if
your partner has children from a previous
Marriage The Laws in Spain are clear - make
sure that your estate is distributed as you
wish and not as the state dictates.
The position of same sex couple is just the
same and can be more serious because your
partner has no entitlement whatsoever in
Spain to your assets even if they have
undertaken a civil partnership. Unless
provision is made all assets go to the blood
relatives in accordance with Spanish Law
There are ways around this for advice call us
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Think carefully about your situation assets will not automatically go to your partner
NO Will NO relatives?
The state gets the lot
You must have a Will
in each country where
you have assets
If you do not make
provision for your
partner children from
a previous marriage
will get everything
Same Sex partners
have no right to any
assets even if they
have undertaken a
civil partnership
If you are unmarried
and domicile in Spain
and simply leave all
your assets to your
partner they may have
to pay up to 81.6% of
the value of your
estate
To provide for your
partner you can use
Usufruct which gives
life long enjoyment of
your property
The state gets the lot
You must have a Will
in each country where
you have assets
If you do not make
provision for your
partner children from
a previous marriage
will get everything
Same Sex partners
have no right to any
assets even if they
have undertaken a
civil partnership
If you are unmarried
and domicile in Spain
and simply leave all
your assets to your
partner they may have
to pay up to 81.6% of
the value of your
estate
To provide for your
partner you can use
Usufruct which gives
life long enjoyment of
your property
Extended families and unmarried couples
are a way of life. It is vital you understand
the implications of your situation. Unmarried
or same sex couples are at risk of paying
higher taxes. Provisions can be made to
avoid high taxes whilst being able to leave
something to those that matter. Usufruct is
often used. Do not presume that all your
assets will automatically go to your life
partner under Spanish law.
Many couples living in Spain are in second
relationships and with children from a
previous relationship and there is often
confusion and worry about the distribution of
assets, particularly if buying a property in joint
names or deciding how to distribute assets in
a Will. Many have a history and assets, be it
a pension, shares, benefits or a responsibility
to others. How to deal with this situation can
be daunting.
In Spain the Law does not take account of
unmarried couples. Even if they register their
partnership with the Town Hall it does not
afford protection when it comes to Inheritance
Tax. It is wise for those in this situation to
consider their own situation as a little thought
and planning, before embarking upon a
purchase or life with someone new, can
resolve issues that may be raised at a later
date.
are a way of life. It is vital you understand
the implications of your situation. Unmarried
or same sex couples are at risk of paying
higher taxes. Provisions can be made to
avoid high taxes whilst being able to leave
something to those that matter. Usufruct is
often used. Do not presume that all your
assets will automatically go to your life
partner under Spanish law.
Many couples living in Spain are in second
relationships and with children from a
previous relationship and there is often
confusion and worry about the distribution of
assets, particularly if buying a property in joint
names or deciding how to distribute assets in
a Will. Many have a history and assets, be it
a pension, shares, benefits or a responsibility
to others. How to deal with this situation can
be daunting.
In Spain the Law does not take account of
unmarried couples. Even if they register their
partnership with the Town Hall it does not
afford protection when it comes to Inheritance
Tax. It is wise for those in this situation to
consider their own situation as a little thought
and planning, before embarking upon a
purchase or life with someone new, can
resolve issues that may be raised at a later
date.
| NORTH OFFICE ALFAZ DEL PI Tel 966 860 555 Calling From The UK? 3p per minute anytime Tel 08444 257 633 Contact SOUTH OFFICE SAN FULGENCIO Tel 966 727 931 Contact |
| Legal issues for unmarried and same sex couples in spain? |
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