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  1. Dear Alex It depends. There's no straight...

    Dear Alex

    It depends. There's no straight answer. Inheritance is a complex issue.

    If there are no Wills Intestacy rules would apply, in this case those of the deceased's person. The applicable...
  2. Hi James I take for granted you hold British...

    Hi James

    I take for granted you hold British citizenship, if it is not the case then please correct me.

    The property would only be yours despite your partner paying 50%, 100% or whatever amount...
  3. Yes they have to take you to court to force you...

    Yes they have to take you to court to force you selling.

    Expenses are paid up front and the judge will later on decide to whom he may award the the legal fees (if he does, which is not certain).
  4. Dear Smithy Yes they can force you to sell the...

    Dear Smithy

    Yes they can force you to sell the whole property as you are all joint owners ex Art 404 of the Spanish Civil Code et ss.

    They can however sell their share only without forcing you...
  5. Dear Sir or Madam, It does not require nor the...

    Dear Sir or Madam,

    It does not require nor the signature, nor the approval of the 3rd owner for you to sell on your 25%.

    Yours faithfully,
  6. Dear Madam, Regardless if you are contributing...

    Dear Madam,

    Regardless if you are contributing or not to the mortgage repayments he cannot change the locks and lock you out.

    You are still entitled to half the sales proceeds (less your...
  7. Dear Madam, No he cannot do this, it is...

    Dear Madam,

    No he cannot do this, it is unlawful.

    I strongly advise you contact us on your matter to find a solution.

    Yours sincerely,
  8. Dear Sir, They would have to sell it to you,...

    Dear Sir,

    They would have to sell it to you, yes. Gifting it to you is normally not an option as Gift tax is applied which follows the same sliding scale as Inheritance tax but with none of its...
  9. Dear Madam, It is more efficient to sell...

    Dear Madam,

    It is more efficient to sell jointly and you receiving the full sale proceeds less expenses and taxes rather than first transferring ownership of 50% (following what's known as a...
  10. Here you go: ...

    Here you go:

    https://www.agenciatributaria.gob.es/AEAT.sede/Inicio/_otros_/_Direcciones_y_telefonos_/_Direcciones_y_telefonos_.shtml
  11. You can report them to the Tax office...

    You can report them to the Tax office...
  12. Dear Madam, As per the article that starts off...

    Dear Madam,

    As per the article that starts off this thread all you have to do is sign a deed of Dissolution of Joint Property Ownership. You will only pay 1% Stamp Duty on the full property value...
  13. Dear Sir or Madam, He is able to sell his 50%...

    Dear Sir or Madam,

    He is able to sell his 50% to whomever he pleases following Art 399 of the Spanish Civil Code. He does not need your permission nor your signature.

    Yours faithfully,...
  14. Dear Mike, Your have been adviced correctly. ...

    Dear Mike,

    Your have been adviced correctly.

    This thread is for a Dissolution of Joint Property Ownership. This procedure requires you already own a share of the property. You only pay 1% Stamp...
  15. Dear confused Scot, You as appointed...

    Dear confused Scot,

    You as appointed beneficiary would have to pay Spanish Inheritance tax and PlusvalÃ*a on the Spanish estate.

    This is not the right thread to make this question.

    Thre are...
  16. Dear Nik, It sounds about right. If we are...

    Dear Nik,

    It sounds about right.

    If we are talking of a contentious dissolution of joint property ownership it would be at least €10,000 as it involves litigation fees. In reality it will...
  17. Dear Joe, I take it you do not hold a...

    Dear Joe,

    I take it you do not hold a pre-existing share on your father's property. Otherwise you would only pay 1% Stamp Duty as per the article that starts off this very thread.

    As I take for...
  18. Dear Madam, Normally it's the value at which...

    Dear Madam,

    Normally it's the value at which it was bought (the prior Title deed).

    When you write that your ex has agreed to transfer you his 50% on the property is this as a result of divorce...
  19. Dear Sir, Through the law courts it would have...

    Dear Sir,

    Through the law courts it would have a cost in the region of 6,000€.

    Please contact us if you are interested.

    Yours faithfully,
  20. Dear Angela, A Dissolution of Joint Property...

    Dear Angela,

    A Dissolution of Joint Property Ownership (DJPO, for short) is the best solution from a cost efficient angle as it's tax efficient. Any other solution implies paying more taxes to the...
  21. Dear Madam, Basically those are the expenses...

    Dear Madam,

    Basically those are the expenses involved, yes.

    Quoting an excerpt of my article:



    Expenses and Fees Involved
  22. Dear Mrs G, You cannot undertake a Dissolution...

    Dear Mrs G,

    You cannot undertake a Dissolution of Joint Property Ownership as you are not a co-owner of the property. Only your mother and her now ex-partner are lodged at the land registry as...
  23. Dear Madam, As my colleague writes above, a...

    Dear Madam,

    As my colleague writes above, a Dissolution of Joint Property Ownership is the most efficient solution from a tax mitigation point of view.

    Please feel free to request more details...
  24. Dear Sir, I doubt the planning authorities...

    Dear Sir,

    I doubt the planning authorities will agree to your proposal. That would imply having to segregate the plot of land to create two separate plots thus dividing legally the estate drawing...
  25. Estimado Compañero: Gracias por contribuir en...

    Estimado Compañero:

    Gracias por contribuir en este foro. Es un foro abierto a la participación de cualquier compañero que lo estime oportuno.

    En relación a tu comentario sólo puntualizar...
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