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Spanish family law: what are ‘private assets’?

Following on from a previous article regarding Spanish family law and the division of assets upon a divorce in Spain, assets which may not form part of a matrimonial ‘pot’ are known as ‘private’. These assets belong exclusively to one or other of the spouses and is not subject to being divided upon a divorce. Private assets may include the following:

  • Those rights and assets possessed before the marriage (even where funds considered ‘common’ to both spouses are used to pay later instalments – unless the asset in question is the matrimonial home or fixtures and fittings)
  • Those rights and assets obtained during the marriage without payment e.g. inheritances or gifts to a particular spouse
  • Those rights and assets obtained through an exchange for private assets belonging to one of the spouses
  • Rights that may only be transmitted via inheritance
  • Payment for personal damages or damages to private assets
  • Clothes and personal belongings not of ‘extraordinary’ value
  • Equipment necessary for the carrying-out of a trade or profession unless these are an integral part of a common enterprise
  • Assets acquired with an initial payment by one of the spouses even though later instalments are paid using common funds

 

The Matrimonial Home in Spanish Family Law

The matrimonial home in Spain is a special type of asset that in certain circumstances may be treated differently from other assets. In the simple scenario where there are no children the spouses may agree in the divorce agreement to sell the property and divide the proceeds equally.

Where there are children it might be decided that the wife will stay in the family home with the children with a posterior sale and division of the proceeds. However, where there are children and no agreement between the spouses then the needs of the children become paramount when the court is considering how to deal with the main property asset.

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Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

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For anyone who wishes to initiate, or who needs to respond to, divorce proceedings or other family law proceedings including separation and annulment.

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  • Initial discussion with a specialist lawyer to understand the current position and options for next steps
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When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
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  • All professionals must hold professional indemnity insurance.
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Express Divorce Service

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If you are able to reach an agreement with your spouse regarding ALL elements of the divorce - including child custody, support, visitation rights etc then you may benefit from the Express Divorce service. Via this service:

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Your lawyer will be able to offer any of the following services as required:

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Support services

3Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

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  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
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  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
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When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.

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