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Thread: Dissolution of Joint Property Ownership in Spain

  1. #51
    Senior Member
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    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 up a deed before a Notary.

    I doubt your town hall will agree to this. In any case you don't lose anything by requesting it from them formally.

    Yours faithfully,

  2. #52
    Lady Jane
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    Default Dissolution of Joint Property Ownership in Spain

    is the Disolution of Joint Property Ownership the best efficient and economical way of removing one name from a title deed and land registry
    for a property inherited 50/50

  3. #53
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    Dear Sir/Madam,

    This is definetely the best and cheapest form of transferring 50% of the remaining ownership on one property from one property owner to another as all other ways imply having to pay 7% transfer tax.

    Regards
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  4. #54
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    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 from us if you are interested.

    Yours faithfully,
    Raymundo LarraÃ*n Nesbitt

  5. #55
    Mrs G
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    Default Dissolution of Joint Property Ownership in Spain

    My Mum and Partner and I bought a property in Spain 5 years ago. They are both on the deeds and mortgage. I contributed equally to the property purchase since it was purchased but was not reflected on the deeds, yet am benefactor in the Spanish will set up. They have now split and I would like to continue ownership buying out the 33% Share of my mothers ex partner. Please can you advise is DJPO to my mothers sole name the best way to do this or am I best to buy out his share as a normal conveyance and pay 7% Tax meaning that myself and my mother are reflected on the deeds.

  6. #56
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    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 such. Therefore, regrettably, you don't have the DJPO option.

    You would have to buy his share outright paying a 7% Transfer Tax on the 50% as you write, yes.

    Legally it is irrelevant if you are beneficiary of her Last Will or if you contributed with 1% or 100% towards the property. It is only relevant who appears lodged as title holder at the Land Registrar to follow a DJPO (re-arrangement of share ownership).

    Yours faithfully,
    Raymundo LarraÃ*n Nesbitt

  7. #57
    Mrs M
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    Default Dissolution of Joint Property Ownership in Spain

    My Husband and I are both residents in spain. We own 2 properties joint names. We seperated last year and although we are now together again we want to transfer the names on the deeds so we own one property each. Do I understand correctly that we would therefore have to pay 1% of each property plus legal costs plus 18% on the 50% we are signing over to the other?? Therefore if in the future we seperated or Divorced there would be no problems as the properties would be sole owned??

  8. #58
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    Dear Madam,

    Basically those are the expenses involved, yes.

    Quoting an excerpt of my article:

    Expenses and Fees Involved

    As purchaser the only tax involved is 1% Stamp Duty on the whole declared value, besides notary, land registry and lawyer’s fees.

    The vendor of the outgoing share is liable for CGT at 18% on e.g. the 50% outgoing share (if non-fiscal resident he will be subject to a retention of 3% on the 50% on account of his Cgt liability) and municipal PlusvalÃ*a tax. Besides this he will have to pay his own lawyer.
    If you separate or divorce the properties will be already solely under your respective names.

    If you are both fiscal residents in Spain and are able to provide a letter from the Tax office confirming it, the 3% retention on each 50% transferred will not be enforceable.

    Yours faithfully,
    Raymundo LarraÃ*n Nesbitt
    Last edited by Lawbird Lawyer; 01-26-2010 at 02:39 PM.

  9. #59
    Angela
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    Hi, I bought a property in Spain nearly two years ago with my partner. We have just separated and I would really like to remove his name from the property which we own 50/50. We have a mortgage for nearly the whole amount and my partner has never put in a penny, either with the deposit or the mortgage. He therefore agrees that I do not need to pay him off. I have been reading into this though and am I to understand that there will be a gift tax? How can I get around this? The property was bought for 140,000 and was valued then at 169,000 and we have an outstanding mortgage for 134,000. What other charges would there be? I really need a rough estimate to know how much money needs to be found and who is liable to pay what. We bought the property as residents as we planned to carry on living in Spain but we have moved back to England and have been here for nearly two years. As we bought as residents I am supposed to pay in my 'sueldo' to the mortgage account every month so I transfer money back and forward between our joint account and my account so that there is movement of money. All money has come from me and not my partner. Could this help in proving he has not paid anything? Any help would be much appreciated. Thanks in advance.

  10. #60
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    Dear Angela,

    If you wish to put the property in your name you will need to go through a Notary process.

    You can claim from you ex-partner what you wish is entitled but this can only be done through the Courts in a lengthy and expensive procedure, which I don’t recommend you pursue.

    What you can therefore do is agree with your ex-partner that you both attend signing at the Notary Public office and transfer the property to you, after which taxes will have to be paid and the title deeds registered in your name.

    Typically the cost of this will be:

    • 1% Transfer Duty (Stamp Duty) on the value of the property.
    • Notary fees: 700 Euros approx.
    • Land Registry fees: 600 Euros approx.
    • Legal fees: 950 Euros plus VAT.


    This can be arranged via power of attorney to us or personally by you coming to Spain to attend signing at the Notary. You will require NIE numbers to be able to sign the deeds.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

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