Dissolution of Joint Property Ownership in Spain

[Lawbird Lawyer]

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 rules are governed by the national laws of the person who passed away.

So for example if the person was English, it would be the Intestacy laws of England & Wales. We cannot provide legal advise on foreign laws. A Certificate of Law may be required (Certificado de Ley) to clarify what the specific national laws of the deceased rule on.

You may want to read our article on the matter:

Applicable Inheritance Law to Estate Located in Spain - 16th April 2004

Sincerely
Raymundo LarraÃ*n Nesbitt

[Mrs J]

I bought an apartment with my partner 2 years ago. I paid for the apartment in full and pay all the bills. I did however put his name on the deeds as I wanted him to be able to use it in the event of my death. We have now separated and I would like to sell the apartment. Is he entitled to half the procedes even though I paid for the apartment in full?

[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!

[Arnold]

my wife and I are divorcing in the UK, we co own a property in Northern Spain, I will take on full ownership, how much will it cost?

[aflores]

Hello Arnold,

The cost you need to budget for is made up of the following:

Stamp Duty: 1% of the value of the property
Notary fees: 600-1200 Euros, depending on the value
Land registry fees: 500-900 Euros, depending on value
Legal fees: subject to the practice´s fees, but around 0.5% of the property value or 1.400 Euros, whichever the maximum (plus VAT).

Additionally, you may have cost of power of attorney should you hire a law practice to deal with the case but this will not be more than 80 Euros.

[Arnold]

Hi Aflores
what sort of time scales are involved?

[mark]

I own a casa in tenerife which is solely in my name .Last year i got married and would like to pass 50% of the house to her.
what would be the best way economically to do this