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21parque
03-23-2009, 06:51 PM
Bought a house in Spain 1983. in joint names with my wife. We divorced in 1990 with a clean break settlement, with the Spanish house becoming 100% mine. All this is in the divorce papers with my ex wife fully agreeing.

A few years ago A spanish abagado informed me that there was no need to change anything as since Spain joined the EEC, English divorce papers were accepted in Spain.
Now I have put the property on the market the agent informs me that it has to be changed at the registery. What is the simplist way to do this and what costs would there be.. Also as it was purchased pre 1986 no capital gains would be due or the 3% deposit.. Would I lose that concession?

Lawbird Lawyer
03-25-2009, 06:41 PM
Dear Sir,

Your abogado has to lodge the UK ruling before the Land registry to have your name lodged for the remainding 50%. Applicable fees are lawyer's fees and land registry fees.

Your lawyer would do well in liasing with your land registry on this matter to make sure he brings all the required paperwork.

Regarding your CGT liability yes there will be as you are not an owner since 1986 of the property.

Regarding the 3% retention on account of your CGT liability if you are a ficsal rsident in Spain this is not applicable to you. You will need the certificate of fiscal residency the day of completion, make sure your lawyer requests in due time (takes under 2 weeks) normally.

I take the opportunity to offer you our legal services. (http://www.lawbird.com/services/view/24/Conveyancing-for-Property-Sale)

Our contact form. (http://www.lawbird.com/services/contact)

21parque
03-25-2009, 08:28 PM
Sir Thank you for your prompt reply. I am a little confused with your answer. I do not have contact with an abogado now so I would need one.
you state I would be liable for CGT as I was not the owner in 1986, but we bought the property in 1983.
I am a non resident, but thought because it was bought before 1986 the 3% withholding fee wouldn't have to be paid. Is this not correct?
I suppose another way is for my ex wife to give me a power of attorney to sell her share of the property and just pay the 1% fee for handling the sale.
And hope I don't pass away before any sale......

Lawbird Lawyer
03-26-2009, 10:37 AM
Dear Sir,


I believe you may be confusing matters, the transfer of ownership of the 50% with the sale once you have full ownership.

Please contact us (http://www.lawbird.com/services/contact) on your matter, thank you.