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Unregistered
06-03-2009, 04:38 PM
I divorced my husband in 2003. He has a house in Spain under his sole name. As part of the divorce settlement he retained this property. He now wants to sell this property and even though we are divorced, because the flat was purchased during marriage, he has requested a PoA document from me allowing him to sell the property although I don't understand why I would need to sign given I have been divorced for 6 years. Surely he should be able to show his divorce papers to show there is no interested spouse?

He also asks that I obtain an NIE number. As far as I understand, an NIE n is compulsory for anyone selling or buying property in Spain or wishing to reside in Spain and for anyone paying money to the Spanish Inland Revenue

I have no property or assets in Spain and have not visited Spain since 2004. Why would I need an NIE number if the property is under his sole name, he will retain 100% of the sale proceeds and he is liable to pay 100% of taxes related to sale? By obtaining an NIE number is he trying to implicate me with his tax liability?

I would apprecaite advice on the NIE number.

Lawbird Lawyer
06-03-2009, 04:57 PM
Dear Madam,

I believe you have self replied to your own legal queries superbly.

I haven't the faintest idea on why your ex husband would be demanding you apply for a NIE number, given what you've written. Bizarre.

A NIE number, as you have correctly pointed out, is required basically to pay taxes. It's a fiscal identification number of foreigners to file & pay taxes to the Spanish Tax office.

In your case I don't understand what taxes you are liable for, as you -apparently- hold no financial interest in Spain that would justify it following your post.

Unless the property, despite what you have been led to believe, is held under joint names for whatever reason. In which case you would indeed require a NIE number.

Why don't you PM me (http://www.lawbird.com/services/contact) and I'll ckeck for you if you do in fact hold assets in Spain that would justify your husband's petition.

Yours faithfully,