Better protection for orphans of gender violencegender violence Violence a woman suffers from a current or former partner because she is a woman.: inheritance, taxes, pensions

Automatic summary, not yet reviewed

1. Violence Against Women Courts will be able to hear proceedings to divide the marital property regime started by the heirs of a woman killed by gender violence, or brought against those heirs.
2. The Civil Procedure Act is amended so that, when a spouse has died, their heirs can request the inventory and division of the marital property regime in their place, without needing the other spouse's agreement.
3. Transfers of assets to the children and minors in the care of women killed by violence against women, to pay court-awarded compensation, are exempt from the transfer tax.
4. Gratuitous transfers of real estate to the children caused by their mother's death from gender violence are not subject to the local tax on the increase in urban land value.
5. The orphan's pension or benefit will be suspended if the child is adopted and the adoptive family's income per person exceeds 75 percent of the minimum wage. The pension is also granted when the aggressor was not the children's parent and the new household's income stays under that limit. Absolute orphanhood is presumed if the surviving parent abandoned family responsibility.
6. Within three months, the Government must run a campaign publicizing the right to the orphan's pension. The law applies to court cases and tax proceedings already underway, except the judicial jurisdiction rules, which stay with the body hearing them until a final judgment.

Who it affects

• Children orphaned by gender violence: They can access their mothers' inheritance and compensation sooner and with fewer tax burdens.
• Families taking in these orphans: They can receive the orphan's pension or benefit if their income stays under the set limit.
• Violence Against Women Courts: They take jurisdiction over dividing the marital property regime in these cases.
• Surviving parents who are not the aggressors: Children in their care can receive the orphan's pension if household income does not exceed the limit.

Words worth knowing

Sociedad de gananciales

Spanish marital property regime in which what each spouse earns belongs to both. It must be divided when the marriage ends.

Liquidación del régimen económico matrimonial

Process to divide the couple's shared assets when the marriage ends.

Indignidad para heredar

Civil law penalty that bars someone from inheriting, for example, if they killed the person whose estate it is.

Patria potestad y tutela

Legal figures for caring for and representing a minor or a person with a disability: patria potestad normally belongs to the parents, and tutela to whoever replaces them.

Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana

Municipal tax paid when urban land or housing rises in value and is transferred.

gender violence

Violence a woman suffers from a current or former partner because she is a woman.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries