Author Topic: British minor selling property in Fuerteventura  (Read 531 times)

Offline Teasle11Topic starter

  • Newbie
  • *
  • Posts: 16
British minor selling property in Fuerteventura
« on: August 22, 2017, 20:01:21 pm »
Hi, has anyone had any experience of selling a property in Fuerteventura where one of the joint owners is a British minor (13 years). The part ownership passed to my daughter upon the death of my husband 9 years ago as part of his Spanish will. As she is resident in UK, does UK law or Spanish law apply if we want to sell?The notary wants to see authorisation from a UK court to sell her share but I've been told it's not possible to do this under UK law, as a minor cant own property/land in the UK. Very confusing. Thanks in advance for any assistance as my lawyer seems stumped!
 

Online Johnrgby2

  • Hero Member
  • *****
  • Posts: 1,795
  • Thanked: 1432 times
  • Gender: Male
  • Real stupidity trumps experience every time
Re: British minor selling property in Fuerteventura
« Reply #1 on: August 22, 2017, 20:08:33 pm »
When the will was made, he would have chosen under which law he wanted UK or Spanish you probably need to see the original.
 
The following users thanked this post: Teasle11

Fuerteventura Forum

Re: British minor selling property in Fuerteventura
« Reply #1 on: August 22, 2017, 20:08:33 pm »

Offline Logitechtom

  • Jr. Member
  • **
  • Posts: 73
  • Thanked: 27 times
  • Gender: Male
Re: British minor selling property in Fuerteventura
« Reply #2 on: August 22, 2017, 22:29:42 pm »
You said that yiur daughter  became a part owner of the property under his Spanish Will, therefore, Spanish law governs the whole process. You need the advice of a Spanish lawyer.

Had she inherited under UK law, there would have been a need to put the share of the property into a trust fund, holding the share on trust until your daughter was 18 years old. Disposing of the property (by the trustees) before she was 18, would have required approval by a court, that (I assume) is what the notary is asking for. 

However, Spanish law prevails in this matter and I have no knowledge of the laws of inheritance out here, so you need a good solicitor (if you want a recommendation, pm me).

Tom.
 
The following users thanked this post: Teasle11

Online Johnrgby2

  • Hero Member
  • *****
  • Posts: 1,795
  • Thanked: 1432 times
  • Gender: Male
  • Real stupidity trumps experience every time
Re: British minor selling property in Fuerteventura
« Reply #3 on: August 23, 2017, 09:40:22 am »
I repeat at the time of making the will he would/should have been asked whether he wanted his wishes carried out under British or Spanish law, we certainly were and went for British as Spanish law does not allow certain instructions we gave, while British law does. it
 
The following users thanked this post: Teasle11