How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask José M. Your Own Question

José M.
José M., Attorney
Category: General
Satisfied Customers: 4944
Experience:  Spanish Attorney
54639574
Type Your Spain Law Question Here...
José M. is online now
A new question is answered every 9 seconds

I have inherited an apartment from my father in Spain. His

Resolved Question:

I have inherited an apartment from my father in Spain. His wife has no usufructo rights on my apartment, however on the will a condition was placed that if I rent it out the wife should get the money. I am under no obligation to rent it out and we have tried but failed to come to a satisfactory agreement. The apartment is under my name and I can sell it if I want to. My question is, is there a possible way that i would be able to rent it out and decide who gets the money?

For example, could I create a company and sell the apartment to the company?

Also if I gave the usufructo of the apartment to someone else, are they then able to rent it out and keep the money?

thanks
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

According to spanish civil code the condition its legal. Article 790

Attorney3044 :

And according to article 795 you must obey the condition

Attorney3044 :

Now, if you sell out to another person, and a company its another person, you will be no rented it, BUT the company must not be just of you, ( has to be of somebody alse ) and you must not have the power of decision of the company ( Majority part of it )

Attorney3044 :

I mean that if the company its yours or you are the director of it, it could be considered law fraud

Attorney3044 :

So, the idea to sell it out could become right if you sell it out to a third person, or a company which your are not the manager and you have not the majority part of it ( No power of decision on it )

Attorney3044 :

As example, you could make a company with your partner and a son of you being your partner the manager and you have only the 30 por cent of it ( 49 as maximun and never you could be the manager )

Attorney3044 :

If you do it in this way it could be very hard for her to demand the money, but you must pay the taxes of the transmission, and assume riskes with your partner.

Attorney3044 :

The best way, the clear one, its to sell it out for sure, another ways have riskes

Attorney3044 :

I am on line if needed, thank you

Attorney3044 :

If you do not have more doubts I gently ask for a good rate of the service

Attorney3044 :

If you do not do it the site does not pay the expert

Attorney3044 :

Thank you, XXXXX XXXXX good day

José M., Attorney
Category: Spain Law
Satisfied Customers: 4944
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21699
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21699
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18693
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8655
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3936
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3453
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3390
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 
Chat Now With A Lawyer
José M.
José M.
Lawyer
4944 Satisfied Customers
Spanish Attorney