View Full Version : transfering name on spanish deeds

07-18-2011, 02:22 PM
Hello - I need help

My father bought an apartment just outside Fuengirola in Spain in 1986 through his business at the time 'Wharfedale conversions Ltd', he was a director of the firm. He has not traded under this name for many years now (I have tried to find details of the company at Company House, but can't find anything) and does not live at the address stated on the apartment deeds.( I have a copy of the deeds but they are all in Spanish)

He wants to give this apartment to Myself and my sister as a gift, and we have been talking about doing this for the last five years and he has never found out what he has to do to do this.

I wondered if anyone would know what he would have to do and how much it would cost???

I am in need of some advice as he is going out to the apartment in Spain and wants to arrange to see a solicitor over there to try and start the ball rolling. no doubt it will be very complicated!!!!!,

Emma Nash

07-19-2011, 11:17 AM
Hello Emma,

The property seems to be in a foreign company name (most likely, British or its countries of influence), and therefore what could be done, as a first proposal, is to have the share transferred abroad from your Dad to your sister and you which, although could attract taxes in Spain, it is still debatable up to what point would a) they find out and b) if they did, they would come after you. You would equally have to check the tax position abroad, for example, if your Dad transferred the shares in Gibraltar to both of you.

Once the above was done, you would be able to dissolve the company and put the property into your names, directly, in the Spanish land registry.

The other option would be to gift the property to you, a very highly cost-effective transaction, from a tax point of view, given that you would be subject to the highest possible tax due to there not being any relationship between the company and you, from a next-of-kin point of view.

I would propose that, on your next trip or that of your Dad, we met to discuss the above options, their risks and benefits and the costs. As a guidance only, you would be normally expected to pay around €2.500 in legal fees, plus 1% of the value of the property in taxes, notary (circa €750) and land registry (similar figure). You will also need to have NIE numbers, which are fiscal numbers and is something we can help you with.