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José M.
José M., Attorney
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Experience:  Spanish Attorney
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I have inherited an apartment from my father in Spain. His

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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

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

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