You are on the top of the hill…still enjoying your recent slice shot on 18th hole. You are sure it was your cutest banana ball and you told others it was intentional when the ball landed on the green. And now you see a rewarding view of Mediterranean landscape only to be seen in a Marbella’s October afternoon: a colourful sea, dark African hills at the top of the frame, and the sun setting on the right giving you another irreplaceable orange-red variation of curtain closing…
You have what you deserved after all those years of work: a pleasant life, a decent house in Spain for winter you can call home, a family enjoying as well as you do the advantages of having a double residence…and Marbella, giving you and yours such mind-open world’s citizenship you believe has been a reason enough to choose staying in this part of the continent.
However, you are every now and then assaulted by fears: what would happen to the boys when I die? Would they, for instance, be prepared to face the unclear formalities and consequences when they inherit the house? You have been told stories of horror about Spanish inheritance taxation as well as about consequences of inaction for families who thought everything about the parental estate was arranged, or who were simply off guard. Yes, you agree these fears are shadows sometimes menacing your welfare…
Have you thought about seeking an advisor who could help you, so that these fears start to dissipate? What about finding an arbiter, as well as an adviser, who plays the role of a trusted good man for your heirs as well as of a shield against obscure predatory aims of a legal system you never get to understand completely?
Emilio Pino – Abogados is able to guide you about finding that peace of mind. Independency, experience and trustfulness are the main things we can be proud of.
Start doing it for you: Call us for an interview.
Mail: admin@emiliopino.com
Site: www.emiliopino.com
No, you shall not. Under the 2005 revised law, the couple, by joint consent, can proceed immediately to a full divorce with no period of legal separation nor any other reason or other party’s fault being required.
Yes, you can marry in Spain according to the usual practice of the Roman Catholic church. Each partner will present a baptismal certificate and a declaration from their former parish priest as well as need to be present in the Spanish municipality prior to your marriage in order to issue and fill some forms at the civil authorities.
Yes, you can. Spanish courts are eligible since residing in Spain is sufficient cause for the Spanish courts to have legal jurisdiction in this matter.
My husband and I live in U.K., but his children were taken to live in Spain by their mother 5 years ago without his permission. They were not married, so he had less rights to do anything about that. The children are aged 10 and 13. They have said a few times about their mother having a problem with alcohol and even driving drunk. Can we get an order to have the children here with their father? They can have a much better life with us. Thank you.
Regarding your questions, I send you my comments based of my best knowledge as follows.
First, I will assume the following applies:
Assuming these facts are applicable, there will be nothing that prevents the father having the children with him for the time he considers necessary, since there is yet no official rule about parents custody. At the same time and in order to achieve the referenced forceful convention/agreement either the father or the mother will need to submit as soon as possible a claim to the Spanish Courts (in case the children were born in Spain, or even if they were not, in case they have been registered and residing here until this moment, or also if the non-marital couple had their last mutual domicile here).
For this claim to be successfully won, I understand that the unnatural or odd behaviour of the mother will need to be proved by means of witnesses (I would also recommend a private investigator’s report) and you also must be prepared to face that the Judge will like to hear the children’s opinions (separately –i.e. not at a public court’s hearing- and with the help of a judicial psychologist).
In case your husband decides to act judicially, and assuming the Spanish jurisdiction is applicable, we will be able to assist professionally, and for this we will need that the father grants a power of attorney at the Notary, giving us powers to represent him at the Court and also –in my opinion- we will need to have an interview. Subject to your confirmation, we can prepare the text and guidelines for such Power of attorney.
Yes, there is. While the selling route brings a tax for the buyer to pay of a 7% of the price plus around 2%-3% of additional expenses, the donation has a much bigger tax coefficients fot the recipient to pay: approx. 18% to 34% as per a scaled proportional gradation depending on the property’s market value, plus additional expenses similar to the ones of the sale.