Category: Civil Law

A Partner Gaining Possession Rights in Spain

A Partner Gaining Possession Rights in Spain

Posted in: Civil Law, Family Law, Legal

Often we receive enquiries from clients who are property owners and are concerned about a partner living with them gaining possession rights in Spain. This…

Good News – Change to Inheritance Tax Law and Donation Law

Good News – Change to Inheritance Tax Law and Donation Law

Posted in: Family Law

A new Inheritance Tax law has been approved by the Valencia Government on the 22nd November 2023. This modifies Law 13/1997, of December 23 in…

Usucapion or Acquisitive Possession

Usucapion or Acquisitive Possession

Posted in: Civil Law

Usucapion or acquisitive possession in Spain is something very few people would know about.

Common Law Partners – Right to Property in Spain

Common Law Partners – Right to Property in Spain

Posted in: Family Law

As in many other countries, living together when not married or as common law partners generally does not give rights to property in Spain or…

Case Study – Should I only have only one Will or Testament covering the UK and Spain?

Case Study – Should I only have only one Will or Testament covering the UK and Spain?

We are often asked if a Spanish Will is needed or if clients should only have one Will or Testament covering the UK or Spain.…

Drawing Up of Contracts

Drawing Up of Contracts

Posted in: Civil Law

Many clients do not realise that we can assist with drawing up of contracts, from a simple contract to something more personalised and complicated. Purchase…

Letters of Administration in Spain

Letters of Administration in Spain

Posted in: Family Law, Legal

This article covers letters of administration in Spain. It is only applicable for probates where there is no testament in Spain or abroad. Or that…

Forcing a Spanish Bank to Comply with Obligations

Forcing a Spanish Bank to Comply with Obligations

Posted in: Civil Law, Deeds Issues

Clients often approach us with regard to problems forcing a Spanish Bank to comply with obligations. We are all aware that in the past few…

Cross-Border Child Maintenance Orders UK/Spain

Cross-Border Child Maintenance Orders UK/Spain

Posted in: Family Law

Many clients may receive documentation from another country regarding child maintenance orders or wonder if it is possible to apply for these. This article specifically…

Case Study – Selling in Spain

Case Study – Selling in Spain

Selling in Spain We were recently approached by a lady who decided to ask us about selling her property in Spain that she had owned…

Probate and Inheritance -Death of a Spouse or Family Member with Assets in Spain?

Probate and Inheritance -Death of a Spouse or Family Member with Assets in Spain?

We thought that a case study regarding probate and inheritance may be helpful related to the death of a spouse or a Family Member with…

Probates and Inheritances in Spain

Probates and Inheritances in Spain

What happens with Probates and Inheritances in Spain? When someone dies either resident in Spain or non-resident, thinking about probates and inheritances is not a…

Court Cases in Spain – Civil proceedings

Court Cases in Spain – Civil proceedings

Posted in: Civil Law

There are 2 main types of Court cases in Spain; civil proceedings under Spanish Law. These are “Juicio Verbal” (which is a minor proceeding) and…

Conveyancing or Buying and Selling in Spain

Conveyancing or Buying and Selling in Spain

Posted in: Civil Law

Are you looking for conveyancing or buying and selling in Spain? A major recession is coming so buyers and sellers must choose the best legal…

Estate Agent Responsibility

Estate Agent Responsibility

Posted in: Civil Law

What is Estate Agent responsibility legally when selling houses? Not everyone is aware of this aspect. When Real Estates or Estate Agents assist buyers or…

Help With Repossession

Help With Repossession

Posted in: Civil Law

Many people will be needing help with repossession of their property after this crisis possibly. We are unfortunately entering into a severe economic recession. A…

Recovering debts in Spain

Recovering debts in Spain

Posted in: Civil Law

This article on recovering debts is based on a simple premise. You are owed a debt, the debtor does not want to pay you, and…

Law on Long Term Rentals

Law on Long Term Rentals

Posted in: Civil Law

Many people who are living in Spain or in other countries have a home in Spain and have decided to put it up for rent.…

Notary Divorce in Spain

Notary Divorce in Spain

Posted in: Family Law

Many people do not realise how simple it can be in some cases to obtain a divorce in Spain. From July 2015 it became possible…

Lasting Power of Attorney

Lasting Power of Attorney

Posted in: Civil Law, Family Law

What is a Lasting Power of Attorney? A lasting power of attorney (LPA) in the UK is a legal document that lets a person ‘donor’…

Court Process in Spain

Court Process in Spain

Posted in: Civil Law, Legal

How does the Court process in Spain work? Many people do not realise that the Court Process in Spain is not the same as in…

How to Avoid Inheritance Tax (Donation)

How to Avoid Inheritance Tax (Donation)

Posted in: Family Law

Early Inheritance or Donation? How to avoid inheritance tax (or in some cases reduce it). We have had a number of people approach us in…

Is Your Possible Legal Case Expiring?

Is Your Possible Legal Case Expiring?

Posted in: Civil Law

We frequently have clients approach our lawyers here in Punta Prima having only just discovered our firm’s litigation experience . They sometimes feel that all…

Construction Problems

Construction Problems

Posted in: Civil Law

Construction problems are generally very stressful and we have the utmost sympathy with those that have them. We have had a number of cases relating…

Demand Guarantees

Demand Guarantees

Posted in: Civil Law, Legal

Many clients are aware that debts are sometimes covered by demand guarantees. Bank guarantees are probably the most familiar type of guarantees. These protect payments…

Dissolution of Joint Ownership

Dissolution of Joint Ownership

Just over a year ago we were approached regarding a dissolution of joint ownership. This is also known as a division of joint tenancy or…

Gifting a Property – Donation

Gifting a Property – Donation

Posted in: Case studies, Family Law

Gifting property or money during someone’s lifetime is known in Spain as a donation or donacíon. This is an early inheritance. Why would someone do…

Mental Incapacity

Mental Incapacity

Posted in: Case studies, Family Law

There are problems faced when a family member can no longer make decisions for themselves. They are said to “lack mental capacity”. Unfortunately, in some…

Divorce in the Courts

Divorce in the Courts

Posted in: Family Law

Please see our page on Divorce detailing the circumstances when this procedure can be used. There are really two types of proceedings; amicable and non-amicable.…

Emancipation of Minors

Emancipation of Minors

Posted in: Family Law

Emancipation of minors is a legal mechanism. It is how a minor is freed from control by their parents or guardians. Basically becoming of age…

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