Inheritance in Spain

inheritance

My son in law died intestate. They have one son, at college my daughter worked for the first 15 years of her 20 years married life. She has been told the marital home belongs to the 18 year old son, she always assumed it was in her husbands name knowing it was not joint ownership. The son my grandson who obviously has never contributed to the home has told her  he owns the home now the mortgage was paid up about four years ago,by her husband (his father} How does she stand in Spanish law has she any claim?

We supose your son in law was Spanish and also your grandson.

In order to answer your question some details musty be clarified previously:

a) Did your daughter sign any economical marriage agreement when they got married?

NO

b) Where did they get married?

SPAIN ….

c) Where did they establish their marital home after marriage? 

SPAIN …………. .PURCHASED HOME WHEN THEY LIVED TOGETHER,THEY MARRIED WHEN SHE WAS EXPECTING MY GRANDSON,19 YEARS AGO, NO ASSETS  OTHER THAN HOUSE SOME DEBTS CAR ETC:WHICH SHE IS CURRENTLY PAYING, MANY THANKS FOR YOU PROMPT REPLY.

According to your answers, the aplicable law to the marriage of your daugther is the Spanish Law.

Since they have not signed any previous economical marriage agreement ,applies the subsidiary economical agreement of “gananciales”. This means that all the incomes, assets, etc, obtained after marriage belong jointly to husband and wife. In this case the point, since tha house was bought before marriage but when living toghether, is to know if the full price was paid totally before marriage  by your son in law with  its own money or not, and if there is any evidence of the  payment been made previously to marriage exclusively by him. If not, there is a joint ownership on the house and your daughter has the 50% of it.

On top of this, having your son in law Spanish nationality, the inheritance rights corresponding to the wife,when the husband dies intestate, is one third of the whole inheritance in usufruct.

We are entirely at your disposal.

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