Step families and inheritance problems

I have a concern, I have owned a house in Spain for a number of years under my sole name. I have since got married and both me and my husband have children from previous relationships, none of our own. We are looking to remortgage the house and as I am no longer working my husband will have to be put on the new mortgage and also on the deeds.
What worries me is that my child will loose out if anything happens to me, if I die will my husband get everything which then passes to his children?
Also if, god forbid we end up getting divorced will I have just signed away half the value to him and would I be forced to sell?
If he dies first would I have to sell to give his children some money?
I feel my child maybe getting cheated?
Thank you

Hello Mojosing,

We recommend you to make a Spanish will that indicates your son will inherit your 50% share in the house, as Spanish Law protects forcible heirs´ rights. In the event that your husband died before you, his heirs could force you to sell the house so they could get their 50%, considering they would not want to share a house where they do not live. If you divorced, your husband could force a sale, though if you were in agreement, one of you could buy the other out.

In the event that your husband had assets elsewhere, the re-mortgage could be guaranteed by another property owned by him; which could solve the situation. Another possible solution is that, in case your son was of legal age and had financial capacity, he was the title holder of the new mortgage.

I hope this answer has been of help.

Regards,

Inheritance of ancestral assets while being in relation as step family members ahs lots of legal issues. Here I got to read on some of these kinds of issues. Such issues can be sorted out only when there is adequate proof to ensure the relationship
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