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dls
10-14-2008, 10:47 AM
I am a UK citizen and jointly own a house in Spain with my ex husband. On his death can he will his half of the property to someone else other than me? Am I able to sell my half of the house before his death?

Lawbird Lawyer
10-14-2008, 11:32 AM
Being your husband English he can leave his Spanish property to whomever he pleases as per his national law. He has free testamentary disposition on all his assets. However, this is not applicable if your husband owns no property(ies) in the UK, in which case the forced Spanish heirship rules apply.

For further info, please read the article Applicable Inheritance Law to Estate Located in Spain (http://www.marbella-lawyers.com/articles/showArticle/spanish-estate-inheritance)

You can of course sell your half before his death, in fact at anytime you can sell it your half.