# Marry or not



## tammy123 (Mar 27, 2008)

My partner and I will be moving to Valencia area this year. We are 66 and 62 and i are not married. I will be selling my house and buying a property under my name. Is it any advantage to be married? Should I die first I want my partner to live in the house when he dies it will go to my 2 sons and not to his children. Is it just a matter of getting a Will done in Spain? Any other possible reasons to be married.


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## martinPH2 (Feb 21, 2018)

My reply has nothing to do with immigration, finances, stability, security, etc.
If love, passion, complete respect, admiration, and compatibility within the main values of yours is not what drives you towards the marriage then do not get married no matter how much money you can save or make. ....... Wishing you, your partner, ... and everyone else best of luck.
Life is fantastic and only we individually can make it so.


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## davexf (Jan 26, 2009)

Hola 

I had very good advice from Blevins Franks back in 2002 and my children "bought" my home in Spain; I have an usufruct which allows me to live in the property until I die. Things may have changed since 2002 so I suggest you contact them or similar experts. 

I have no interest in Blevins Franks except as a satisfied customer. 

Davexf


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## Juan C (Sep 4, 2017)

You need to seek advice re inheritance tax.

Certainly in Andalucía that changed dramatically in Jan this year. Prior to that spouses and children only got about 18,00 euros tax free, that changed to One Million euros, if the person inheriting is resident in the EU. 

Note: That might be affected post Brexit 



Sorry this is off thread but had you known you may have asked.

If you move to Spain and thus become tax resident, you are tax resident for the whole of that year.

If you sold a property in UK in that year (1st Jan to 31st Dec) even before you moved to Spain, then you will almost certainly become liable to pay tax on the Capital Gain that you made on the property

Thus you should take good quality advice (maybe expensive)


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## Alcalaina (Aug 6, 2010)

When one of you reaches state pension age and becomes eligible for free healthcare, the other will also be eligible as a dependent. I'm not sure if this applies unless you are married - check with the DWP.

An alternative to marriage is a civil law partnership known as "parejas de hecho", which gives you the same rights as married couples. I think it is recognised all over Spain now, but again you can check the status in Valencia.


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## Alcalaina (Aug 6, 2010)

Juan C said:


> You need to seek advice re inheritance tax.
> 
> Certainly in Andalucía that changed dramatically in Jan this year. Prior to that spouses and children only got about 18,00 euros tax free, that changed to One Million euros, if the person inheriting is resident in the EU. )


Are you sure this is correct? My understanding is that the tax free allowance for the surviving spouse increased this year from €175k to €250k. Do you have a link to your information?


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## Juan C (Sep 4, 2017)

Alcalaina said:


> Are you sure this is correct? My understanding is that the tax free allowance for the surviving spouse increased this year from €175k to €250k. Do you have a link to your information?


I did not use info from elsewhere it is a fact which I know. 

However, having googled it, this confirms what I posted 

www.blevinsfranks.com/news/article/spanish-succession-tax-reforms-andalucia-2018


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## Alcalaina (Aug 6, 2010)

Juan C said:


> I did not use info from elsewhere it is a fact which I know.
> 
> However, having googled it, this confirms what I posted
> 
> www.blevinsfranks.com/news/article/spanish-succession-tax-reforms-andalucia-2018


Thanks, that's good news for the wealthy!

However it is still the case that before this increase the close relatives didn't pay have to pay tax on the first €250,000 of their inheritance - not €18. Bit of a difference there! 



> With the introduction of these new rules, the previous €250,000 relief on inheritances and the variable reduction of up to €200,000 for inheritances between €250,000 and €350,000 are no longer applicable.


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## Juan C (Sep 4, 2017)

Alcalaina said:


> Thanks, that's good news for the wealthy!
> 
> However it is still the case that before this increase the close relatives didn't pay have to pay tax on the first €250,000 of their inheritance - not €18. Bit of a difference there!


Sorry I should have added, for those who are not aware, the IHT tax rules are determined by Central Government, however, each Region can vary the rules for their Region, providing any new rules do not make a person’s situation worse than they would be under the rules set out by central government.


An example: I understand Madrid and some other Regions abolished IHT between spouces several years ago.


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## NightFlower (Apr 17, 2018)

martinPH2 said:


> My reply has nothing to do with immigration, finances, stability, security, etc.
> If love, passion, complete respect, admiration, and compatibility within the main values of yours is not what drives you towards the marriage then do not get married no matter how much money you can save or make. ....... Wishing you, your partner, ... and everyone else best of luck.
> Life is fantastic and only we individually can make it so.


Amazing comment. I would say the same.


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## baldilocks (Mar 7, 2010)

What we are on about, basically is the laws of succession. You need to make wills in Spain and as the first of the clauses, it needs to read


> _"II.- CLAUSES:-----------
> FIRST.- He states that he wishes the disposition of his assets, rights and shares to be under the provisions of the law of his nationality as provided for under Civil Code Article 9(8) and the EU Succession Regulations, 650/2012 Article 22"_


This will enable you to decide to whom your estate is left. The alternative is under Spanish law it will automatically go to the children with the surviving *SPOUSE* being entitled to remain in possession during his or her lifetime, then it passes in full to the children.

Note: I am assuming that your have British nationality and were born in England, Wales or Northern Ireland


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