Co ownership of Spanish property

Many people who have purchased property in Spain over the last 20 years do not fully understand the importance of the concept of co-ownership and the legal rights and obligations that go with it. The way in which property is owned in Spain is relevant when a couple divorce or when a spouse dies and […]

One of Life’s Certainties

  Like taxes, death is one of life’s certainties, yet we often don’t think about the plans that need to be considered. As always, it pays to have a Spanish will for Spanish property and a UK will for UK property. However, some of you may be thinking beyond your portfolio and considering whether to […]

Questions and Answers on Spanish Estates, by Jon Sutton

Jon Sutton is a Solicitor and Registered Foreign Lawyer at De Cotta McKenna y Santafé, at their office in Coín. Question: Is it necessary for clients who own property in Spain to have a separate Spanish Will? Strictly speaking, it is possible to have one English form will to cover all your assets, moveable or […]

Pre-Marital Contracts

We are often asked if English law recognises pre marital contract.  English law differs from the rest of Europe as we have a common law system where the “matrimonial regime” is not a fixed system granting specific rights from the moment of marriage. In Spain for example, the normal or default regime is gananciales or […]

Divorce and pensions

In the United Kingdom, pension sharing and pension splitting orders are now common where a couple divorce after a lengthy marriage.  In English law a pension can be considered as one of the most important assets as it can provide for future needs of the parties. In the Spanish Courts when an English couple divorce, […]