4 ways Spanish law differs from UK law
If you’re a UK resident thinking about moving to Spain or you have family here, you might be surprised to learn that Spain’s legal system is quite different from what you’re used to. From property ownership to inheritance laws, there are some key differences that can significantly affect your rights and responsibilities. Whether you’re planning to buy a property, pass on assets, or simply manage your affairs across two countries, it’s worth taking the time to ensure you fully understand all the implications of the pertinent Spanish law. To make things a bit easier for you, we’ve put together four of the most prominent ways Spanish law differs from UK law.
And if you’d like some more tailored legal advice on nuances between Spain and the UK, our English-speaking solicitors are here to help. You can book a no-obligation consultation right now through the form on our website. Or, if you prefer, you can send us an email to info@gbabogados.co.uk, send us a message on WhatsApp, or give our friendly team of experts a call directly on +44 (0)20 3137 1320.
Civil law vs. common law
One of the most fundamental differences between Spanish and UK law is the system on which they’re based. Spain’s legal system is based on civil law, which has its roots in Roman law, a tradition that dates back over 2,000 years. Laws in Spain are written down in comprehensive codes and statutes, providing a clear framework for legal matters. Judges apply these existing laws to the cases before them, and any changes to the law require formal amendments to the codes.
In contrast, the UK operates under common law, which evolved over centuries from customs and judicial decisions. In this system, laws develop through court rulings, where judges look to past cases for guidance, allowing the law to adapt to new situations.
Property ownership
When it comes to property, Spain and the UK have very different approaches, particularly when it comes to joint ownership. In Spain, property acquired during marriage is generally considered jointly owned. This means that both spouses have equal rights to the property, and in the event of a divorce, the property is split evenly, regardless of who contributed to the purchase or upkeep. What’s more, if a co-owner wishes to sell or transfer their share of the property, it is possible to force the sale of jointly owned property.
On the other hand, the UK has a more flexible property ownership structure. Generally, assets are owned individually unless there’s a clear agreement in place to share ownership. For couples, this creates some interesting options. They can choose joint tenancy, which allows for equal ownership of the property, or tenancy in common, where each party holds a specified share of the property. This approach works well in situations like divorce or inheritance, allowing for a fair and personalised division of assets.
Inheritance laws
Inheritance laws in Spain can also come as quite a shock to you is you’re used to the flexibility of UK law. In Spain, there is a concept known as the legítima, which mandates that two-thirds of a deceased person’s estate must go to their children. This rule is deeply rooted in the Spanish civil law we touched on earlier and is designed to protect the interests of immediate family members. Essentially, even if a will states otherwise, the children’s share is legally protected.
In the UK, there is no such restriction. A person in the UK has the freedom to distribute their estate however they wish, even if it means leaving nothing to their children. However, under UK law, a will must be fairly executed, and family members may be able to contest the will if they feel it’s unreasonable. The increased flexibility in the UK gives people more say in how their assets are passed on after they die. However, this can sometimes cause disagreements, especially if the will does not match what family members expect.
Writing a will
The process of writing a will is another area where Spanish and UK law differ quite significantly. In Spain, a will must be officially drafted and executed in front of a notary ( which is a legally trained representative of the state). This is what ensures that the will is legally binding and properly registered. The notary then keeps the original will and issues certified copies to the testator or their beneficiaries. Having a notary involved provides an extra level of security, making sure that the document is properly completed and that there won’t be any arguments about its contents further down the line.
In the UK, the process is much more informal. While you do need people to witness your signing of the will, there’s no need for a notary. You can choose to write your own will, or if you prefer, you can get help from a legal expert to make sure it’s completed correctly. Once you sign it and have it witnessed, your will is legally recognised. This approach is more flexible and generally cheaper, but it can also lead to more chances for misunderstandings or arguments later on.
At Gascón Bernabéu, we’re here to help you navigate the complexities of Spanish law, especially if you’re moving from the UK or have ties to the country. We understand that the differences between Spanish and UK law can often be confusing, but our expert team of English-speaking solicitors is here to guide you through it. Whether you’re dealing with property, inheritance, or any other legal matters, we’ll make sure you understand how Spanish law works and how it affects you.
If you have any questions or need professional legal advice, don’t hesitate to get in touch with us via the form on our website, at info@gbabogados.co.uk, via WhatsApp or by giving us a call on +44 (0)20 3137 1320. We’re here to help make your legal journey in Spain as straightforward and stress-free as possible.