Dissolution of Joint Property Ownership in Spain

[Vikash]

I have a question. My grandmother recently split up with her partner. She has documents signed (& I presume acceptable under UK laws) which state that her former partner has handed the property over to her. She has contacted her Lawyer in Spain who has advised this document is not sufficient. My grandmother's ex-partner is not contactable. Is there any way around this?

[aflores]

Vikash, this document is fully valid, why not? All that is needed is that your grand-mother´s ex-partner´s signature can be verified and authenticated by the Courts and once this is done, provided that the document is clear in the intention it carries, it can be enforced through judicial procedures. If this person is not contactable then you may have problems to pursue the legal action as he will have to be summoned to Court through Spanish Courts that, in turn, will contact UK Courts. The process is slow but it needs to be pursued if you wish to get a result.

[Unregistered]

I have a friend who owns a property and wishes to transfer the title to his 6 children. Is this something that can be done from UK nor not and will it attract the donation tax? What other fees does he need to know about?

[aflores]

This will have to necessarily be transferred via gift as the children, unless it can be proven that had the money to buy the property, will be buying without money, and this in Spanish law is not a sale but a donation, as you properly point out.

Other applicable fees will be notary fees, land registry and careful, capital gains tax may also arise!