- BeatrizBeatriz is an experienced solicitor practicing law in Malaga province. She provides expert legal advice to English-speakers across the Malaga region on matters such as Property Conveyancing, Inheritances, Contract Law, Immigration and Family Law.
When a couple from another EU country with property interests in Spain get divorced in their country of origin, the question arises as to how to register the property in Spain on behalf of the spouse who has been awarded the property. Additionally there are important tax implications that need to be considered.
The best practice is to include reference to any property belonging to the couple in Spain in the divorce proceedings taking place in their country of origin. In this case, the divorce decree, duly legalised and translated should be taken to the relevant notary in Spain to sign a deed of ‘end of joint-ownership’ to which the divorce decree should be attached .
It is important that there is equality between the spouses , that is, that each of them is awarded assets of the same value in the divorce settlement or , if one spouse is awarded property of greater value than the other, there should be financial compensation. This equality of distribution is important because in this case no taxes are levied. However, if one of the spouses happens to be awarded assets of a greater value , they are liable to pay taxes on the excess allocation compared to the other spouse
Finally, once the above procedures have taken place, the new property deed is deposited with the Land Registry to register the property in the name of whichever spouse has been awarded the property.
Should the divorce proceedings in the country of origin not refer to the Spanish properties, it becomes necessary to draft a deed of ‘dissolution of the joint-ownership’. However the fiscal advantages available when the joint-ownership had ended, do not apply to the dissolution of a joint-ownership. Accordingly, it becomes necessary to pay the ITP sales tax (typically levied at between 8% – 10% of the value of the property transmitted). One half of the tax is then payable by the spouse who is taking ownership of the property. A price should be stated in the property deed, and it is this figure upon which the tax payable is calculated. If a price is not stated, then it would be considered to be a gift/donation, for which an even higher amount of tax would be levied.
In conclusion, it is vitally important that any Spanish assets owned by a married couple are included in the divorce proceedings that take place in the couple’s country of origin in order to avoid high costs and taxes that would otherwise be levied.
Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:
- David W Baker, MalagaTuesday, November 06, 2018We were extremely satisfied with Alvaro: He explained the law to us and gave us a solution to our problem. He could not have been more helpful and we will definitely use him again.
- Thom Koller, LondonMonday, November 05, 2018Francisca provided a perfect service!
She is professional, dedicated and took care to understand the needs of my situation. Her service offers exceptional value for money and gives complete peace o...f mind.
- Michael O'Sullivan, IbizaThursday, November 01, 2018Understanding Spanish law regarding buying and selling properties is a minefield for English speakers. Cristina provided the legal expertise, the translation of legal documents, explanations for all i...ssues, and solutions for our challenges.
Also, she provides confidence and reassurance that what we are doing is in our best interests and within the law - very important when working in a foreign country.
In summary, she is an excellent professional that we are so pleased we found and will continue to use for all our legal matters.
I think you have a perfect solution for supporting people abroad. I was lucky to find you on the internet. Perhaps you could promote your services to all estate agents abroad, so more people can get access to your service when buying or selling abroad.
- Colin Wilson, AustraliaTuesday, October 30, 2018Overall it was great. Rosa always answered all questions asked and provided clear, concise and well explained answers.
When there was a delay in responding she did offer an apology which was appre...ciated. Rosa always instilled a sense of confidence that she knew exactly what was going on, what I was asking, and what the applicable law was.
When not a Spanish local and dealing with her remotely, this provided great comfort in a sensitive matter.
- Campbell Reynolds, SpainMonday, October 22, 2018We were very satisfied with the service provided by our lawyer Sabela.
She was very accomodating, quick response to everything while thinking outside the box for solutions. Also, her English was mo...re or less fluent.
- David Edwards, EnglandWednesday, October 17, 2018Very Satisfied with the service provided by Oliver. He was quick, efficient and value for money. Would definitely recommend to friends.
- Andrew Morecroft, LubrinMonday, October 15, 2018Juan was extremely helpful during every part of the purchase. As I was buying an older property there were slight complications but Juan explained every issue and managed to work through the difficult...ies with supreme efficiency.
Also there was a ridiculous situation with my Spanish bank account where I could not access the money even though it was in the account. Thankfully I had given Juan power of attorney and he managed to sort-out the problem.
He went above and beyond the call of duty and I am very grateful for all his help. I would strongly recommend him to anyone looking to buy in the Almeria region.
- Manoochehr Jafari-Nahad, UAESaturday, October 13, 2018Jose-Antonio was extremely helpful and prompt and also it was helpful that he could be contacted via social media like Whatsapp
- Michele Jansen van Vuuren, BenajarafeSaturday, October 13, 2018Alvaro was extremely helpful, he couldn't have done more. Very quick to respond to my query.
Only issue was that some of the documents I needed to provide were not mentioned. However, would defini...tely recommend his services to friends.
- John Fraser Dunfield, San FranciscoFriday, October 12, 2018Good understanding. Applied sufficient pressure as needed to get the issue resolved. Reasonable charge for service provided. Would definitely recommend this service to friends.
- Rosemarie Byrne and John Cooper, Dublin IrelandcoupleTuesday, October 09, 2018We found Francisca extremely helpful with a great amount of knowledge about buying a house and re-locating to Spain.
- Jane Evanson, London, UKfemaleTuesday, October 09, 2018Francisco was very helpful and professional. I was very happy with the advice and service.
- David McChesney, Puerto BanusWednesday, October 03, 2018Alvaro was very professional, Knowledgeable of the subject at hand, did not over-charge - in fact cut costs in the best way for me. Very efficient in the entire process. Thank you.
- Martha Kimes, Scottsdale, Arizona USAfemaleTuesday, October 02, 2018Francisco was incredibly responsive (and quickly).
Unlike American attorneys (and I know, because I am one), he didn't even bill me for a few follow-up emails/calls that he made on my behalf which... he easily could have done.
I was supremely happy with his legal services.
- David Roots, EnglandMonday, October 01, 2018We were very satisfied with the service we received. Rosa dealt with the matter in hand promptly and efficiently.
- David Knors, BarcelonaWednesday, September 26, 2018Oscar was very kind, professional and fair. He was able to help me with my problem and he was very determined that he would.
Oscar is very competent, polite and showed a lot of effort to solve my ...problem. I strongly recommend him.
- Tauri, EstoniafemaleTuesday, September 25, 2018Very satisfied with the service. Francisco is bilingual English-Spanish and was always quick to respond and was very professional at all times.
- Mohamed kheder, Dublin, IrelandMonday, September 24, 2018Every thing was great ... Rosa was really helpful and understanding. And I see the value for money was good enough.. of course I would recommend it to any of my friends.
And I would like to have th...e chance to thank Rosa and the whole company for everything.
- Daniel Elias, New YorkTuesday, September 18, 2018Excellent service, delivered exactly as promised, and at half the cost a different translator had requested for the same project!
- Darren & Gemma Nesbitt, ValenciaTuesday, September 11, 2018Inmaculada has been of excellent service to us, as a family and in helping to set up a business in Spain. She has now undertaking several project for us and has delivered high quality on all of them. ...Perfect service!
- Patsy Valentin, GranadaTuesday, September 11, 2018Extremely accommodating and highly professional and very pro active. Excellent result and service. Highly recommended.
- Jovie, MalagaWednesday, September 05, 2018My lawyer Alvaro was extremely helpful and very efficient. I would definitely recommend his services to friends.
- Albert Roldan, FranceTuesday, September 04, 2018Alfonso was extremely helpful, particularly since we requested a quick turnaround for the 18 documents needing to be translated from English and French to Spanish.
He was fluent in our phone conver...sations and email correspondence, he never misunderstood what our requirements were. He was was clear in explaining how this process works and what the price included.
I would highly recommend him to anyone needing these services.
- David Grundy, UKFriday, August 24, 2018Jose was very polite and we received an excellent service from him. Nothing was to much trouble and his communication was 2nd to none. Highly recommended!
- Mario Klappholz, Miami, FloridaThursday, August 16, 2018Inma was very helpful, always happy to assist. I particularly appreciated her professionalism. I would not hesitate to recommend her services to friends.
- Daniel Spitzhorn, SpainTuesday, August 14, 2018Miguel in Oviedo helped us during the process of buying a flat in Asturias. He was just brilliant!
- Tracey Iliffe Bradley, UKfemaleTuesday, August 14, 2018Rosa dealt with everything efficiently and promptly and went beyond our expectations by helping us to open a Spanish bank account and deal with other minutiae.
- Erslaan Ahmed, BangladeshFriday, August 10, 2018Gave very good advice and provided an excellent solution. Inma is very professional in her work. I would recommend her services to friends.
- John Ryan, Derby, EnglandWednesday, August 08, 2018A perfect relationship between client and professional. Nothing was too much trouble.
Went over and above his job and more. I would only use his services if I need legal services. I were very lucky... to find Jose first time round.
Thank you jose
- Robert Brownlee, Almeria, SpainWednesday, August 08, 2018Everything was as it should be: excellent. Had to pay by bank transfer and maybe would have liked another means of paying.