Legal research of divorce laws in Spain pertaining to an immovable property (house)

Käynnissä Julkaistu 2 kuukautta sitten Maksettu toimituksen yhteydessä
Käynnissä Maksettu toimituksen yhteydessä

IN THE FAMILY COURT IN LONDON

B E T W E E N:

MRS ‘N’ (applicant)

and

Mr ‘E’ respondent

- Request for Legal advice & research for divorce law in Spain -

I, Mr ‘E’ of London (the defendant / the respondent) will say the following and for which the legal researcher will :

A. See if the below statement is valid or not : your mission is to support the ex-husband : Mr ‘E’

B. Find legal evidence to support in Spain

C. Find parallel cases or a precedent in Spain

D. Find a similar ruling in Spain

- All translated to English

(Items 1 to 4 are dealt with separate)

5 There is a matter of a property in Spain owned by the applicant (Lex Sitis)

5.a The applicable Spanish law, in the absence of a choice by the spouses, is the law of the place where the property is situated (the lex situs) in relation to an immovable property

5.b Under Spanish law a spouse has also statutory occupancy rights in the property, even if it is owned solely by the other spouse.

In other words If a contentious divorce case ends up with one spouse identified as the lawful owner, that doesn’t mean they can live in it or even sell it straight away

There is a principle of fair sharing (which normally means equal sharing) of matrimonial property on divorce.

5.c During a contentious divorce case, the Spanish judge may decide to give one of the spouses the right to live in the property for a set period of time.

5.d Where no children are involved, a Spanish judge can grant possession of a house to a non-owning spouse or partner if he or she is determined in need of protection – for lack of income, illness, or any other financial mitigating factor

5.e In this case, the husband is older than the applicant, officially retired : an Over Age Pensioner and at age 67 with a developing heart condition making him prime candidate for a cardiac arrest

5.f As such, the respondent would be within his rights under Lex Situs to apply separately to Spanish courts to reside in the property : especially as his house has been possessed and has gone to auction & the dwelling where he is living in now (in his name but there is a case in which the dwelling is subject to possession by his sister and therefore has no definite place to live :

THEREFORE

The legal researcher will study spanish family law so that the defendant can apply to Spanish courts to gain possession of the property and to live in it rather than divide 50-50 the property or sell it via auction

Laillinen Oikeudellinen tutkimus Oikeudellinen kirjoittaminen Espanjan kääntäjä Kääntäminen

Projektin tunnus: #37525327

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