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freakyjordy
10-03-2013, 12:17 AM
Hi, I am inquiring for a friend who WAS in a relationship with a man from Spain. He purchased a house and in the process her name was legally put onto the deed so she had her part in the house. What I am wondering is, can she get her Lawyer in the US to take her name off the deed of the house and fax and forward information to the other party's Lawyer? So instead of her having to make a trip to Spain to do it, can it all be done via their own Lawyers in their own Country? I have worked in Family Law for some time and from everything I know and have learned in Law School everything can be done without being in the same place at the same time. But being Australian can be different to the Laws in Spain.
Would appreciate some help here in aid to help her.
Thanks,
Jordy

Patricia
11-18-2013, 01:42 PM
Hello Jordy,

Yes, such a transaction, called dissolution of the jointly owned property, can certainly be done by the Lawyers involved by means of a Power of Attorney; However, your friend will need to appoint a lawyer in Spain to sign the dissolution deeds in her name at the Notary. This means the transaction cannot be processed by the US lawyer, who in any case will act as an intermediary between the client and the Spanish solicitor.

For your friend to take her name off the deeds, her ex-partner has to be in agreement to take the whole ownership and has to show that payment of her half has been done. There will be property transfer tax involved based on the value that has been given to the property for the dissolution process.

If you need to get more detailed advice about this particular transaction, please do not hesitate to contact us by email.

Regards,