Divorce and Property Issues

[annemariep]

I have a house under sole ownership in Spain and according to a number of Spanish solicitors who have seen the Escritura I am told that under Spanish law the house would not be included in a divorce settlement. I also own 50% of another Spanish property and my husband owns the other 50%. I have a couple of questions:

1. Can an English court include the sole ownership property in a Financial order and if they do, how can my husband enforce this in Spain. Can I appeal this in Spain and refuse to "hand" the property over.

2. Can I transfer/gift the sole ownership property to my 15 year old twins to avoid it being included in the settlement.

I am going round in circles on this :confused: - any advice would be greatly appreciated.

Many thanks

[Patricia]

Hello Anne Marie,

Your UK solicitor will be able to give you the right information regarding the British Law and Court procedures.

Based on our experience, we have the following comments:

• Private assets remain private and cannot be regarded as compensation items in a marriage dissolution, though it could be done if both parties were in agreement, based on the British solicitors advice.

• The British solicitors must negotiation how to go about the shared assets, and establish how to allocate, for whom and if to put it on the market, etc depending on the situation and agreements made.

The property that is in your sole name can be gifted to your children but in Spain this is regarded as donation, with different regulations compared to the British gift so, generally speaking, it is heavily taxed ( depending on the fiscal value ), and then Notary, Registry costs and legal fees have to be taken into consideration as well.

Regards,

[dublin12]

I am sorry to come onto someones thread but I was not sure where to post this as I searched through forum but was not able to see a thread about it so I thought a thread about divorce would be ok.
Child maintenance/ support
I am in the process of splitting with my Spanish girlfriend/ partner , we have two children and we will be basically sharing parentage with 3/4 day each every week.
my salary is only 700e per month and my ex is demanding 380e month from me, is there anyone who can advise or have a discussion on this please.?

[Patricia]

Hello Dublin12,

It is not possible to offer an answer for such a general question, as we would need far more details about the current situation to give you the information you need. If you wish, you can send us an email via our website contact form with further details so we can assist.

Regards,