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The Legal Question and Answer section aims to clarify legal related matters … real estate - property, taxes, inheritance, business, etc. Qualified experts at Landwell Tax and Legal Advisers will try to give you all the help they can.

Others

I am from Holland and my partner is from the UK but now we have a son who is nearly 2 years old. He has my partners surname but is in my passport. If something happens to me and my partner what is happening with him than??? Where is he going? Because we don't want him to go to the UK but we do actually want him to go to Holland to my parents. What is the best we can do??? Kind Regards Meriam - Meriam 21 - 11 - 2008

If anything happens to you and your partner, as an interim and temporary measure, the Regional Government Authority (“Junta de Andalucía”) would take care of the child. Legally the family of both the father and mother can claim custody of the child and clearly this could lead to a situation of conflict between both families. We suggest that you state your wishes in your wills as to who the guardian of your son should be in the event of the death of both parents, although strictly speaking this would not have legal validity since it would be the judge who would eventually resolve any conflict which may arise.

I have rented my house out to two people who are getting two sperate divorces . They should have left on November 6th but have said they are not going to leave and we better get a good lawyer . They made us sign an 11 month rental agreement as they didnt like our 6 month contract ( at first 11 months ago they wanted to buy it but i now have found out they do not have the funds) They have been paying the rent up to now but i am in a dfficult position that if i stop letting them pay i will find it hard to pay the mortgage ,or if i let them pay then the contract is just going on and apparently they could stay in my house for up to 5 years.Our lawyer has said that if this case goes to court we will loose and there is not a lot we can do. I am living at an apartment but i think as we have 3 dogs and 3 cats we may be asked to leave soon (rightly so ) which means we will be homeless. I cannot believe that i cannot get my house back as i have worked very hard to buy this house and i am still working hard as a painter and decorator to keep it.If this really is the law in Spain regarding rentals surely it has to be changed to help people in my position as i can see this happening more and more as people are struggling to pay the rent.I also have a 3 year old and was planning to start for another but obviously this had affected all our plans for the future . Please if you have any ideas or a loophole that will help me i would be very appreciated. Brett . - Brett Sullivan 12 - 11 - 2008

Failure to pay the rent is one of the grounds for breach of contract and would enable you to break the contract and thus start a legal procedure to evict the tenants. However article 9.3 of the Spanish Law on Urban Tenancy Agreements envisages the possibility for landlords to terminate the contract before 5 years so that they can occupy the property themselves provided that this circumstance is contemplated in the agreement signed with the tenant.

Has anyone any step by step advice on an easy way to change an engllish plated car to spanish? Any help will be greatly appreciated - Jon PP 13 - 11 - 2008

This is quite an involved process. There is a useful book called “Motoring in Spain” which you may find helpful.

Business

state categories in which goods are classified - afun adenike 06 - 11 - 2008

Could you please be a little more specific in your query: are you referring to taxes, imports, exports, sales, insolvency proceedings, ….?

Landwell Tax and Legal Advisers

Landwell Tax and Legal Advisers. PricewaterhouseCoopers
Edificio Teatinos Plaza, Calle Pirandello 16, 29010 Malaga. Phone: 952 345 400

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