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José M.
José M., Attorney
Category: General
Satisfied Customers: 5922
Experience:  Spanish Attorney
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Hello. My father, who was resident in the UK, died 3 years

Customer Question

Hello. My father, who was resident in the UK, died 3 years ago and I subsequently discovered that he had left his Spanish flat to me, subject to his widow's usufruct. She lives in the UK but goes there a couple of times a year. I went to Spain at the time to sign the papers. I asked the solicitor what my and my stepmother's rights and obligations are but he always replied "it's by negotiation". I've only recently discovered that her interest is called an usufruct but my late father never explained to either of us how he wanted the arrangement to work. The property is let to holidaymakers in July and August and produces rent. However my step mother initially claimed that she was entitled to the rent but I have to pay the bills. We eventually did a deal where the rent pays the bills and she gets any surplus, which I'm happy with but she isn't. There was a rent/bills shortfall last year and I had to write out a cheque to cover it and she has recently asked me to pay for the replacement of items in the flat. My questions are: who should be responsible for the bills? If she can't afford to pay any shortfall and the bills don't get paid, what happens then? Am I allowed to visit the flat?

Thanks
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

Attorney3044 :

hi

Attorney3044 :

Usufructo means that you are the owner, you have to pay the taxes, replacements ( Not due to use ) but you have not the use of the propiety until the end of the usufructo, and she has the use of it, the right to get the rents, ans she were the owner

Attorney3044 :

I am going to send you the spanish law, translated into english who rules it

Attorney3044 :

You will se your and her rights

Attorney3044 :

Read 467 and more

Attorney3044 :

If the link does not work use thin one

Attorney3044 :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Attorney3044 :

And go to sapnish civil code

Attorney3044 :

I will be here if needed

Attorney3044 :

Tell me whatever you doub about it, its complicated to undertand

JACUSTOMER-y6laulop- :

Thanks for answering so quickly. I can't open the link but I've ordered an English copy of the code and I'll look up 467.

Attorney3044 :

Copy this one in the broswer

Attorney3044 :

http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html

Attorney3044 :

And them go down until spanish civil code and you will get a PDF file for free

Attorney3044 :

Please do not forget to rate positively my service, its the way the site pays the expert

Attorney3044 :

I will be here if needed to anwer you asap

Attorney3044 :

thank you and have a good day

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