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Legal dictionary: family, criminal and inheritance law

48 concepts explained in a simple way, with normative sources and links to prepare your query.

48 concepts · Alphabetical order

Acceptance of an inheritance with limited liability

Form of acceptance of inheritance that allows liability for hereditary debts to be limited to the inheritance assets, complying with legal requirements.

Maintenance adjustments and the Consumer Price Index

Review of the amount of a pension in accordance with the formula, periodicity and date established by the applicable agreement or resolution. The CPI is one of the indices that can be used.

Criminal accusation

Procedural approach by which criminally relevant facts are attributed to a person and the corresponding judicial response is requested.

Separate property

Assets that belong individually to one of the spouses within the community property regime in accordance with legal rules.

Marital property agreement

Agreements formalized in public deed to establish or modify the matrimonial property regime and other provisions permitted by law.

Marital expenses

Family needs and expenses to which spouses must contribute according to the rules applicable to their marriage.

Birdnesting arrangement

Family organization formula in which the children remain in a home and the parents alternate living with them according to the planned schedule.

Divorce settlement agreement

Agreement that includes the measures of a separation or divorce. Its content and control depend on family circumstances and the route used.

Legal costs

Concepts of process expenses that the law qualifies as costs, which may include certain fees, rights and disbursements.

Joint account for children's expenses

Account used by parents to make contributions and meet children's expenses in accordance with the agreed or established organization.

Shared custody

Modality in which both parents assume daily care during established periods. It does not necessarily imply dividing time in halves.

Sole custody

Organization of daily care in which child custody is attributed to one of the parents, with the relationships and stays that correspond to the other.

Civil claim

Writing by which a claim is formulated before a court and a judicial response is requested on a matter.

Criminal complaint

Communication to the competent authority of facts that may have criminal relevance, so that the corresponding action can be assessed.

A child's right to be heard

Right of the minor to be heard in the areas and procedures that affect him, with the guarantees provided by law.

Divorce

Dissolution of marriage that ends the bond between spouses. It can be requested jointly or by one of them, with the applicable legal requirements.

Contested divorce

Judicial divorce procedure in which a joint proposal of all the measures that should regulate the breakup is not presented.

Divorce by mutual consent

Divorce in which the spouses present an agreed proposal to regulate the consequences of the breakup.

Enforcement of family court orders

Procedure aimed at demanding compliance with family obligations included in a resolution or title that allows their execution.

Legal parentage

Legal link between a person and their parents, with the rights and obligations established by law.

Extraordinary expenses

Expenses of children whose treatment requires checking whether they are included in the ordinary pension and what the agreement or resolution establishes.

Child custody

Organization of daily care of children after separation. Its implementation must meet the needs of each minor.

Inheritance

Set of assets, rights and obligations of a person that are not extinguished by his death and are transmitted in accordance with inheritance rules.

The best interests of the child

Criterion that requires valuing and giving priority to the rights and needs of the minor in decisions that affect them.

Inventory of assets and liabilities

Orderly list of assets, obligations and credits that must be identified to study a property transaction, an inheritance or a liquidation.

Reserved share of an estate

Part of the inheritance that the law reserves for certain heirs when the legitimacy system of the common Civil Code is applicable.

Division of community property

Operations to determine and distribute the marital assets once the company is dissolved, taking into account its assets, debts and credits.

Interim measures

Temporary decisions that organize certain family issues while the marriage process is being processed, or before starting it in legal cases.

Variation of family court orders

Review of family measures when circumstances change in the terms required by law. The change and its impact on the family must be valued.

Protection order

Judicial resolution that can bring together protective measures in cases of domestic violence provided for by law, including criminal and, when appropriate, civil measures.

Parental responsibility

Responsibilities and powers of parents with respect to their non-emancipated minor children. It includes their care, education, representation and protection.

Spousal maintenance

Compensation that may correspond to the spouse when separation or divorce causes an economic imbalance in the terms provided by law.

Child maintenance

Contribution to the needs of those who have the right to receive maintenance. Its scope may include sustenance, accommodation, clothing, health care and training in legal terms.

Co-ownership of undivided property

Situation in which several people own the same asset in installments, without each installment being equivalent to a specific physical part.

Evidence in court

Activity and means used in a procedure to prove relevant facts, in accordance with the applicable rules.

Expert evidence

A means of proof based on specialized knowledge that can help the court assess relevant facts or circumstances.

Appeal

Means of challenge provided by law to request the review of a resolution before the corresponding body.

Contact arrangements

Measures that organize the relationships, stays and communications between the children and the parent with whom they do not usually live, with the appropriate limitations.

Matrimonial property regime

Set of rules that organizes the property relations of marriage, in accordance with the legal provisions and the valid agreements of the spouses.

Judgment

Judicial resolution that decides a process or an issue in the cases provided for by law.

Separation of property regime

Marital economic regime in which, with the applicable legal rules, each spouse retains ownership and management of their assets.

De facto separation

Cessation of marital coexistence without there necessarily being a resolution or formalization of legal separation.

Legal separation

Formal situation that suspends the common life of the spouses and allows their family and economic effects to be regulated, maintaining the marital bond.

Community property regime

Marital economic regime in which certain earnings and benefits become common. Its dissolution and liquidation require identifying assets, debts and possible reimbursements.

Will

Act by which a person disposes of all or part of his or her assets after his or her death, within legal limits.

Use of the family home

Attribution of use of the home after a breakup, taking into account the applicable rules and family circumstances. Attribution of use does not convey ownership.

Usufruct

Right to use and enjoy other people's property with the scope, duration and obligations that correspond according to its title and the law.

Gender-based violence

Within the scope of Organic Law 1/2004, violence exerted on women by those who are or have been their spouses or are or have been linked to them by similar emotional relationships.