05 Jul Top Ten things couples getting divorced should know

1. 1.  The family will be poorer than you were before you divorced!

1. 1.  It takes both of you to achieve a sensible outcome, if one of you is unreasonable it will increase the likelihood of litigation.

1. 1. It is much better for the two of you to tell the children that you are separating together, and be prepared to answer lots of questions, so have a plan thought out.

1. 1.  Be up front about your financial position, any attempt to be less than frank will be found out!

1. 1.  Being a lousy partner (for whatever reason) does not mean they are a lousy parent. Try and separate the two.

1. 1.  Select your lawyer carefully, make sure you select one that has the same approach as you.

1. 1.  There may be tactical decisions to be made early on about jurisdiction so take advice in a timely manner.

1. 1.  Don't rely too much on what younger children say they want, they have little real understanding of the repercussions and are invariably saying what they think you want to hear (and saying something different therefore to your partner).

1. 1.  Write and text your partner on the basis that a judge may read it at some stage, i.e. be measured!

1.  Consider the different ways available to resolve the various issues (e.g. children and money) and discuss these with your lawyer at an early stage.

03 Jul NON-RESIDENTS CAPITAL GAINS TAX ON REAL ESTATE SALES. EXPLAINED

The obtainment of a capital gain as a result of the sale of a property constitutes an income subject to taxation. This income is understood to accrue when the capital change occurs. In general, the gain will be determined as the difference between the transfer and...

14 Jun [:es]¿se puede reclamar la devolución de gastos de formalización de hipoteca?

Ups!, there is only a Spanish version up until now  (you can change language at the top-right of the screen)

26 May [:es]Obtenemos veredicto de la Audiencia P. de Málaga declarando nulas cláusulas abusivas en hipoteca de local de negocio

Ups!, there is only a Spanish version up until now  (you can change language at the top-right of the screen)

17 May El Tribunal Constitucional vuelve a declarar nulo el impuesto de Plusvalía cuando se vende sin ganancia en el valor real del bien

El Pleno del Tribunal Constitucional ha acordado por unanimidad declarar la inconstitucionalidad y nulidad de los arts. 107.1, 107.2 a) y 110.4 del texto refundido de la Ley Reguladora de las Haciendas Locales, aprobado por el Real Decreto Legislativo 2/2004, de 5 de marzo. El...

09 May [:es]CLÁUSULAS SUELO, El TS declara no caber revisión de una sentencia firme porque una sentencia del TJUE posterior establezca una jurisprudencia que sea incompatible

Ups!, there is only a Spanish version up until now  (you can change language at the top-right of the screen)

25 Apr Rules in a Spanish Court’s Auction for bank repossession of mortgaged properties

The rules for the auction are:

1. In case there are bidders, they have to previously deposit the 5 % of the  property's appraised value in cash in order to be able to participate.

2. Within the indicated term any registered bidder can offer any amount. If the amount equals or exceeds 70% of the value the bidder has a term to complete of 40 days after the closure of the auction.

3. If there are only positions exceeding 70 per 100 of the value but offering to pay in installments with sufficient guarantees, (Bank guaranty or mortgage), of the deferred price, such positions will be made known to the bank who, within twenty days, may request the award of the property by 70 by 100 of the value. If the bank does not make use of this right, the auction in favour of the best of those positions, with the conditions of payment and guarantees offered in the same will be approved.

4. If there is only positions for less than 70 per 100 of the value of the property  the debtor has 10 days after the closure of the auction to introduce a third party who pays any amount bigger than 70% of the value  if it exceeds the higher existing bid.

5. After that 10 days term indicated above and if the debtor introduces no third party, the bank, as creditor, has 5 days to ask for the adjudication of the property for a value of 70 per 100 of the indicated appraised value.

6. When the bank does not make use of this faculty, the court will approve the bid of the highest bidder, provided that the amount that has been offered exceeds 50 per cent of the appraised value. If the best position does not fulfil these requirements, the court clerk responsible for the execution, after hearing the parties, shall decide on the approval of the sale in view of the circumstances of the case and taking into account in particular the conduct of the debtor in relation to the fulfilment of the obligation that has caused the claim, the possibilities of achieving the satisfaction of the creditor by adjudicating other property/s , the economic sacrifice  that the approval of the auction supposes for the debtor and the benefit from it that is got by the creditor.  In case the clerk denies the approval of the sale, the outcome shall be in accordance with the provisions of the following point.

7. If there is no any bidder in the auction, the bank, within the period of twenty days from the auction closing, may request the award of the property. If the property is not the residence of the debtor, the bank may request the adjudication by the 50 per cent of the value at which the good had come to auction or the amount owed for all items. In case of the property being the residence of the debtor, the award will be for amount equal to 70 per cent of the value at which the property had come to auction.  When the bank, within twenty days, does not make use of that power, the clerk of the Court, at the request of the debtor, will proceed to the hoist of the embargo

7. At any time prior to the approval of the auction or the bank is awarded the debtor can release the property by entirely paying what is due to the bank. In this case, the clerk must agree by Decree the suspension of the auction or rescind it.

8. If the mortgaged property is the family home the debtor can, only once, even without the consent of the creditor, free the property through the deposit of the exact amount that, for principal and interest, (arrears) is pending. If the debtor is paying the indicated sum, the legal costs will then be calculated in proportion to the amount of the arrears paid - with the limit of 5% of the amount claimed in the Executive demand plus the overdue interest. Once satisfied these, the clerk of the administration of Justice will issue a Decree freeing the property and declaring the procedure completed. The same shall be ruled when a third party with the consent of the bank makes the payment.