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I am joint owner of a property in spain and hearbreakingly…

Customer Question
I am joint owner...

I am joint owner of a property in spain and hearbreakingly my partner died in November. There is no mortgage on the property

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Murcia

Lawyer's Assistant: Has anything been filed or reported?

He had signed his decree nisi and was one step away from divorce after fighting for 5 years No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is an old will in UK and not one in spain

Submitted: 5 months ago.Category: UK Family Law
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Customer reply replied 5 months ago
His wife or sons did not contribute to it financially or indeed ever visit. It is our holiday home and we are not residents in spain.
We thought by being joint tennants the same law would apply as in the UK. All joint properties here are autonmatically transferred to the survivor.
Answered in 21 hours by:
12/25/2017
Solicitor: Nick H, Solicitor replied 5 months ago
Nick H
Nick H, Solicitor
Category: UK Family Law
Satisfied Customers: 125
Experience: Ten year qualified Solicitor
Verified

Hello

I am very sorry for your loss - I have also suffered loss at this time.

In terms of the estate - as Joint Tenants in the UK - the property passes seamlessly to the survivor.

So unless you are challenged you can treat it as your own.

The chances of a suit in Spain on a technicality are very unlikely

Happy Christmas

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Customer reply replied 5 months ago
Hello Nick.
I am so sorry for you too. It is so very painful I am sending my thoughts to you today. I am so relieved regarding your advice. It's hard enough but to loose our dream home in the sun would have been too much to bear. Please advise on what I should do next.
Merry Christmas to you.
Solicitor: Nick H, Solicitor replied 5 months ago

Well my advice is that you will still own the house and so you can use it just the same as you always have.

If there UK will tries to get involved with it - it will be a huge problem that will not justify the expense - between UK and Spanish

law. Any UK lawyer will advise to them to leave well alone.

Happy Xmas

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Customer reply replied 5 months ago
I feel just dreadful bombarding you with questions on Christmas day and am so grateful for your response. As there is a very old will in place our home is safe as joint tenants but there is very large mortgage on it. There can be no good time to loose someone you loved but it was a matter of a day or two and he would no longer have been married. She had been given half of all assets in 2012 and never worked so she was also given money 3000 pounds a month. I have always worked and also kev sole carer through out his battle with cancer. As no life insurance I stand to loose everything as cannot afford monthly mortgage. If I needed to sell our lovely Spanish villa would I be able too? Please don't answer today and have a restful night. I know how you feel. It's so awful and worse today. Maybe tomorrow will be slightly easier for us both.
Customer reply replied 5 months ago
Forgot to mention I am not beneficiary in will as was done many years ago. I am concerned about inheritance tax in Spain so guess I should go to Spain with death certificate and arrange to pay the tax? Thank you.
Solicitor: Nick H, Solicitor replied 5 months ago

Hello again

Do you know how the Spanish property was dealt with in his will.

Was it subject to the UK will or to a Spanish will?

Hopefully there will not be any tax to pay in Spain.

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Customer reply replied 5 months ago
Good morning. How are you today?
I have not seen the will but the Spanish property was bought years after so there would be no mention of it in the will.
I was told by a friend that in Spain you can only buy property in Spain as joint owners tenants in common. Which would mean Kev's half would go to his estate. That's why have contacted you for proper Spanish legal advice. Kev mist certainly would not want them to have his share, it would also be impossible for me and my children to share it with either his wife or grown up son's. Such a mess and worry. We should hsvr done a will and he wanted too but I thought it morbid and thought he would get better. I do have email from him to Spanish solicitors asking them to transfer to my name only but that's just before he got sick so we decided to leave it till he was better. He did not say he had an interest in a Spanish property when he declared his assets for divorce as she was a violent woman and she felt he had had enough.
Solicitor: Nick H, Solicitor replied 5 months ago

Hello again

Hope all well with you.

I am concerned as I am a UK Qualified lawyer - not Spanish.

The best thing would be to see if the admin can redirect you to a Spanish lawyer.

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Solicitor: Nick H, Solicitor replied 5 months ago
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Customer reply replied 5 months ago
Ah I see. I did think you were a Spanish lawyer as I did say it was regarding a Spanish property. I will wait until the solicitors are open in Spain. But thank you for all your help, and I really hope 2018 is a better year for us all. Erica.
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