The new models of coexistence are gradually recognized in Spanish laws, but society almost always goes ahead of reforms. That an elderly person lives with a friend, with a sister or someone younger to alleviate unwanted loneliness or share expenses is increasingly frequent, but also that a family that welcomes a child wants to continue living with him when he fulfills his age without anything accrediting him.
In these cases, the notaries of Madrid propose to promote the “pacts of coexistence” or “pacts of mutual aid” – through a deed – as a first step that pushes legal changes and fiscal reforms that recognize these models to, for example, have the right of subrogation of a rental if the cohabitant dies or that they are maintained a large family aids once the person who was in welcoming the person who was in welcoming the person.
“It is something that happens and is not regulated in the Civil Code. That should not be left to the absolute freedom of the agreements if part of a situation of need for one of the parties. In this way it would be more fair. For example, if one of those parties has benefited or harmed to see how it can be compensated, ”said Ignacio Gomá, general director of the Notaries Foundation at a breakfast organized by the Notarial College of Madrid.
These solutions, have remarked, are private and should not replace the solutions of public administrations for the elderly or who have no resources to pay the rent. “It is about looking for new exits to the problems of helplessness, unwanted loneliness or lack of housing,” they say.
“These coexistence are already produced”
“Young people who are host have a housing need at 18 who are not going to be fulfilled in any way. For these cases we believe that this proposal is especially indicated because these coexistence are already de facto in most cases, ”defended Jorge Prades, president of the Families for the reception association. The measures, notaries say, can also help access a housing for especially vulnerable people, whether young people, older or families in a context of very high prices.
Notaries also consider that these forms of coexistence “are very burdensome from the fiscal point of view” because the sales in taxes for receiving an inheritance are bonus in many communities only when it is made between parents and children. “In these cases, they should also be applied to the Inheritance and Donations Tax for the cozy in the event that it receives goods from the reception,” the school defends.
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