Hello Everyone,

I am an non EU non Canadian/US married to a Spanish, we both have children from a previous marriage and we have separate properties in both countries. We are living in Spain at the moment and I would like to pay the remaining installments for the apartment we both live in. The apartment solely belongs to my spouse and I understand that eventually in case of my spouse’s dying before me only his children and not myself would be entitled to inherit this apartment. My question is what should we do to reserve my rights in this residence especially that I am paying half of its worth. My other question is, in case I die before my spouse, where does that leave my children.  Your insights are much appreciated.

Dear Pedsh

Regarding your question, I assume that your economical marital system is separate assets (“separaci?n de bienes”), and not joint assents ( sociedad de gananciales), which is the common economical marriage system in Spain.

Bearing in mind this, you have 3 possible situations:

- In the event you don’t have common children and your parents in law are alive by the time your spouse dies, you have the right of usufruct of 1/2 of the assets owned by your spouse.
- In the event you don’t have common children and your parents in law are deceased by the time your spouse dies, you have the righ of usufruct of 2/3 of your spouse’s assets.
- In the event you have common children, you are entitled to the usufruct of 1/3 of your spouse’s asset.

Regarding your children from previous marriages,  it is a bit complex, as according to the Spanish Civil Code, their rights are regulated by the Law of your country (which could say that this issue must be ruled by the Spanish Law). We would need to have more information in order to be in position to give you proper advice.

Regards

MT LEGAL