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Advice on marriage arrangement

Posted: Mon Sep 19, 2022 3:44pm
6 replies89 views1 member subscribed
Perla

Posts: 25

5 helpful points

Location: Pego

Joined: 3 Apr 2022

Hello everyone, me (Spanish passport) and my partner (Dutch) are close to buying a nice little apartment in Pego, and at some point will move there from Holland. As we are not married (yet), we would like to make proper arrangements for our inheritence. Can anyone recommend a lawyer/gestor that has experience with this kind of marriage/inheritance stuff between foreigners? :-)

Thank you very much.

Herefordjack

Posted: Mon Sep 19, 2022 4:21pm

Herefordjack

Super helpful member

Posts: 884

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Location: Pego

Joined: 18 Dec 2017

Posted: Mon Sep 19, 2022 4:21pm

We (two Brits) used Notaria de José Carlos Pérez Juan in the town centre of Almoradi. Very good service and not expensive. They have a British paralegal who did all the paperwork.They were recommended by well known guide writer Jim Taylor.

Please note however that expats are advised to use a Spanish notary for a will for your Spanish assets only, and to do another for any assets in your home country. This is what we did, it avoids legal complications. Because our affairs were not complicated, we were able to do a 'homemade' UK will.

Perla

Posted: Mon Sep 19, 2022 4:49pm

Perla

Original Poster

Posts: 25

5 helpful points

Location: Pego

Joined: 3 Apr 2022

Posted: Mon Sep 19, 2022 4:49pm

Good to know. We do not have any assets in Holland so I guess we will make use of a Spanish lawyer in that case. 

My partner does have a big study debt in Holland so I wouldn't know how to handle that by Spanish law if we were to marry in Spain...

Herefordjack

Posted: Mon Sep 19, 2022 5:33pm

Herefordjack

Super helpful member

Posts: 884

1099 helpful points

Location: Pego

Joined: 18 Dec 2017

Posted: Mon Sep 19, 2022 5:33pm

Perla wrote on Mon Sep 19, 2022 4:49pm:

Good to know. We do not have any assets in Holland so I guess we will make use of a Spanish lawyer in that case. 

My partner does have a big study debt in Holland so I wouldn't know how to handle that by Spanish law if we were to marry in Spain...

Yes, you need some specialist legal advice. It might affect how you buy a house, for example.

Under British law, a person's debts have to be paid in full out of their estate (i.e. the assets that belonged to them) before anyone can inherit anything. The surviving partner isn't responsible for any of the deceased person's debts. But if a house was jointly owned, for example, the half owned by the deceased partner is part of the estate and the debt holders would be within their rights to insist that the house was sold for them to be repaid. I don't know how it would work in Spain.

It's also worth checking the exact terms of what I assume is a Dutch student loan. Maybe there's special provision in the case of the debt holder dying.

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Perla

Posted: Mon Sep 19, 2022 5:46pm

Perla

Original Poster

Posts: 25

5 helpful points

Location: Pego

Joined: 3 Apr 2022

Posted: Mon Sep 19, 2022 5:46pm

Thank you so much for taking the time to think with me!!! I will make the necessary inquiries about Spanish law and the Dutch student loan rules (which you presumed right).

Cheers!

Herefordjack

Posted: Mon Sep 19, 2022 11:13pm

Herefordjack

Super helpful member

Posts: 884

1099 helpful points

Location: Pego

Joined: 18 Dec 2017

Posted: Mon Sep 19, 2022 11:13pm

Perla wrote on Mon Sep 19, 2022 5:46pm:

Thank you so much for taking the time to think with me!!! I will make the necessary inquiries about Spanish law and the Dutch student loan rules (which you presumed right).

Cheers!

Good luck! You will be our near neighbours if you are moving to Pego.

If I can help you with anything, don't be afraid to ask.

Perla

Posted: Mon Sep 19, 2022 11:17pm

Perla

Original Poster

Posts: 25

5 helpful points

Location: Pego

Joined: 3 Apr 2022

Posted: Mon Sep 19, 2022 11:17pm

Much appreciated! Thanks a lot.

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Jennifer Cunningham Insurances SL
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