Posted in: Civil Law, Family Law, Legal
Often we receive enquiries from clients who are property owners and are concerned about a partner living with them gaining possession rights in Spain. This is when they have become involved with a new partner, who is going to move in with them.
Of course, it is wonderful that there is a relationship going well. However, treating the situation in a business-like way, the owner of the Spanish property needs to be aware that problems could arise.
Having a friend living with you permanently could give them possession rights (not ownership rights) in the future. In this case, they could not be asked to leave the property and also may be entitled to compensation for rights they may have acquired.
There are two options (either/or) that we advise to follow:-
Option 1) is simply for the property owner to continue to pay the bills in full but the person moving in gives their contribution in cash (with no receipt so this may avoid them acquiring any rights). But care needs to be taken as even if funds are paid in cash, a partner can prove prove they are living there sometimes with other methods (padron, photos, friends,….).
Option 2) is a bit more formal and it would be us drawing up a legal agreement between the parties that the partner has (English translation of a legal term); an “invitation to stay.” This is not the letter mentioned in English newspapers for visitors to carry, but an actual legal term to avoid someone having any legal rights when moving into a property.
Because of the problems that may arise with option 1, a written agreement is highly recommended. Thus the non-owner would not acquire any rights to the property or any assets in any way, regardless of financial contributions made. A little bit like a pre-nuptial agreement being written (which we also can do).
In some cases option 2) may be viewed as a bit awkward and heavy handed but you never know what can arise in the future. A simple agreement can avoid a lot of problems later. If the person moving in is unlikely to cause problems in the future, then really they should have no objections to this type of agreement.
Please advise us if you would like an agreement of this nature drawn up.