Dissolution of Joint Property Ownership in Spain

[Johanna]

Can you supply the details and I will. Thanks

[Lawbird Lawyer]

Here you go:

https://www.agenciatributaria.gob.es...lefonos_.shtml

[Charlie L]

My husband and I bought a villa in 2005 as residents, since we were living and working there. In October 2009 I left him in Spain and returned to the UK and I am once again resident here. As part of the divorce settlement we will have to sell the house in Spain, possibly with me getting a greater than 50% share of the proceeds in lieu of maintenace payments for our children. What is the most cost effective way to do this? Is it better to transfer ownership then sell, or sell jointly? can you please advise. the villa is worth approx €525,000, there is outstanding mortgage of approx €250,000 and we bought it for €450,000. Thank you

[Lawbird Lawyer]

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 Dissolution of Joint Property Ownership) and then selling the property.

As you happen to mention that you are selling your property in Spain, I take the opportunity to offer you our legal services. Our legal fees for our conveyance service are 0,75% of the value of the property with a minimum legal fee of €1,300 plus VAT.

Our Property Conveyance Service for the sale of your property includes the following:

Conveyance for property Sale

Conveyance full package

1. Liaise and agree with the purchaser/s and/or lawyers in respect of terms and conditions of the sale, ensuring compliance with current laws.

2. Providing a free escrow account service where deposits will be held safely.

3. Make preparations at the Notary Public for completion of the purchase or any further preparations required relating to the sale such as preparation of Powers of Attorney for individuals abroad (duly legalised and translated) which give authority to a physical person/s to act on behalf of the vendors.

4.- Assist in filing and paying all associated sale's expenses and taxes.

5.- Confirm and obtain copy of the 3% retention withheld by the Notary Public at completion on behalf of the Spanish Tax Office on account of your Capital Gains Tax liability should you be a non-resident vendor.

Should you be interested in hiring us please contact me.

We act nationwide.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[ken dean]

my father and mother own a villa in spain how much would it cost for me to have my name put on the deeds the property is valued at 250.00 euros and how do we go about it

[ken d]

or could thay sell it to me

[Lawbird Lawyer]

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 allowances. There are however some regions in Spain which are lenient on gifting property over to children.

A Dissolution of Joint Property Ownership cannot be followed in your case, as you are not a joint owner along with your parents.

The expenses on selling the property to you would be more or less 10% of the value of the property.

If you want an accurate breakdown of fees and associated expenses I would need you to contact us to supply us with more details.

Yours sincerely,
Raymundo LarraÃ*n Nesbitt

[petra meken]

I am a joint owner (name on deeds and mortgage) of an apartment in spain. We are not resident in Spain. My partner and I have now separated and he has changed the locks on the property. He refuses to give me a key. Can he do this?

[Lawbird Lawyer]

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,

[petra meken]

Re: post about changing the locks. I forgot to mention that he says I am not entitled to the property any more as I am not paying towards the mortgage. Could he have a case in this respect?