Schadevergoeding inzake Uw Vastgoedkredietovereenkomst – Clausule minimale rentevoet
Is uw Spaans eigendom met een hypotheek bezwaard? Krachtens een uitspraak van het Europees Gerechtshof van 21 december 2016 kan u wellicht bij uw bank een vergoeding eisen indien uw hypotheek een “clausule van minimum rentevoet” bevat, die door het Europees Gerechtshof onwettig werd verklaard. Heel wat Spaanse hypotheken waren gebonden aan een variabele rentevoet […]
Divorce and maintenance
In 1979 Lord Scarman sought to emphasise the principle of a clean break when a marriage ends in divorce – “An object of the modern law is to encourage (the parties) to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.” Yet […]
Holiday Rental Andalucia – One year on
We are pleased to say that one year since this legislation came into effect many of our clients are now receiving registration numbers issued by the Junta de Andalucia for Holiday Rental properties. The registration document provides a VFT number (Viviendas con Fines Turísticos) and lists documents that must be available if there is an […]
Grounds of divorce
Working as a Family lawyer with a knowledge of English and Spanish laws and procedures one thing that stands out is the concept of no-fault divorce. Spain in line with many countries in Europe introduced no-fault divorce some years ago. After three months of marriage either party can apply to the courts in Spain to […]
Co-habitants rights. Do they exist?
In English law there is no such thing as a “common law marriage”. In fact the situation for co-habiting couples is causing increasing concern as more than 35% of couples who live together and share property believe they have legal rights which in fact do not exist. This was revealed in a survey carried out […]
Getting a Divorce
Working as a Family lawyer with a knowledge of English and Spanish laws and procedures one thing that stands out is the concept of no-fault divorce. Spain in line with many countries in Europe introduced no-fault divorce some years ago. After three months of marriage either party can apply to the courts in Spain to […]
Inheritance rules
How often have you heard the phrase he or she “left all their money to the dog’s home.” British people do generally have testamentary freedom and can do this. The 3 distinct legal systems of England & Wales, Scotland and Northern Ireland do adhere to this general principle but there are some variations in their […]
Divorce in Spain or England
As an English and Spanish law firm we are often asked where it is “best to divorce”. Obviously, there is no standard answer to this as each case will depend on its merits and the particular circumstances. However, as we have lawyers with specialist knowledge in each jurisdiction we can advise on whether there are […]
Compensatie voor hypotheekbetalingen – minimumclausules hypotheekrente
SPAANSE RECHTSVORDERING INZAKE UW HYPOTHEEK: Naar aanleiding van een arrest van het Europese Hof van Justitie op 21 december 2016 kunt u in aanmerking komen voor een schadevergoeding van uw bank als u een hypotheek heeft met een “minimumclausule inzake hypotheekrente” die door het Europees Hof van Justitie onwettig werd verklaard. Veel Spaanse hypotheken waren […]
Town Halls to repay taxes to property sellers
A decision of the Malaga administrative courts may have set a precedent for thousands of vendors in Andalucia who sold their properties for less than the purchase price. The local Town Hall tax – plusvalía – has been charged on all property sales, inheritances and donations for many years. In some cases the tax has […]
How to execute a foreign divorce order dealing with Spanish property
There have been a lot of foreign divorce orders dealing with Spanish property in recent years. When any division of matrimonial assets takes place it is important to ensure that any order from England, the UK and countries can be put into effect and executed in Spain. Even when there is an agreement between the […]
Tax and Holiday Rentals
Income earned on the rental of holiday properties in Spain has to be declared to Hacienda, the tax authority. The rate is now 19% but importantly there are a number of expenses that can be set off against the income. These are IBI (rates), Community of owners charges, Agency fees for advertising and maintenance and interest […]