Pedro
Pedro heads a multi-lingual, multi-disciplinary law firm located in the centre of Torrevieja. For more than 20 years he has provided English-speakers in the area with expert guidance on such matters as property conveynaces and property law in general, contractual disputes, commercial law including business formation, as well as family law and inheritances.
Carmen
Carmen is a highly experienced lawyer and leads a multi-disciplinary law practice with offices across Murcia. Expert legal advice is offered in all major areas of the law including property law, contract breach/debt recovery, family law and inheritances as well as business formation and taxation.
I am in the process of going through a divorce in the UK and we have a property in Spain. What are tax implications of transferring the property in Spain into one of our names only, as per the divorce agreement?
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The most tax efficient manner to achieve this outcome is to draft a deed in a public notary’s office to bring a formal end to the co-ownership of the property and by which the co-owners can expressly confer the entire ownership to either spouse, with the other partner or spouse paying the equivalent amount in monetary terms. In those cases involving the enforcement of divorce agreements, the amount of the financial compensation for the interest in the property will be as stated in the divorce agreement.
The tax applicable to such operations is known as AJD (Actos Jurídicos Documentados) and is equal to 1.5% of the value of the property in the Valencia region. In tax terms therefore, this is a great deal preferable to the outright purchase by one partner or spouse of the interest belonging to the other partner or spouse, which would result in the payment of a 10% tax on the value of the part of the property purchased.
It should be remembered that the dissolution of a co-ownership can only be carried-out between co-owners of a property and may not involve third parties. Also, in those cases where there is still a mortgage on the property, the co-owner that is relinquishing their interest must take great care to obtain the approval of the bank that has conferred the mortgage. For if the bank does not approve the assumption by one co-owner of responsibility for repayment of the entire mortgage the spouse or partner relinquishing their interest in the property may find themselves with no property but a continuing obligation to repay the bank.
Client Testimonials
Below is a list of recent reviews received from our clients, obtained via the Wufoo client survey platform:

Vicky S, UK
Tuesday, April 17, 2018
Alvaro answered my emails and all my questions efficiently and helped me were I did not understand through the whole process of moving the tenant and selling the property and arranging and introducing
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an estate agent.
He has exceeded my expectations after being let down by previous lawyers in Spain when its been a very traumatic time for me.Read Less

Pernilla, London
Friday, April 13, 2018
We had excellent service from Esther at Advocate Abroad when buying a property in Las Palmas, Gran Canaria.
Esther speaks both Spanish and English, and is very friendly, professional and genuine.
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She took care of the whole purchasing process and explained all the steps for us, including giving advice on Spanish bank account, NIE numbers etc.
We are very pleased with all the help we have received and can highly recommend Esther. Thank you so much!Read Less

David Pratt, Alhaurin del Grande
Friday, April 13, 2018
Alvaro gives me confidence that he understands the issue and gives me practical solutions. He works rapidly and efficiently. I would strongly recommend his services.

ESP, London
Wednesday, March 28, 2018
Cristina was extremely helpful, she couldn't have done more. Her English is sufficient and I would definitely recommend her to friend.

L Marshall, London
Wednesday, March 28, 2018
Rosa was excellent. Very efficient and professional.
Responsive and always available. Extremely helpful - we did not understand the process and she guided us through.
We would not hesitate to
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recommend her.Read Less

Phil Loughton, Las Lagunas de Mijas
Tuesday, March 20, 2018
Alvaro was extremely helpful and the simple process I needed managed was dealt with quickly and efficiently. I would certainly recommend him to friends.

John Burchell, Arroyo De la Miel
Tuesday, March 20, 2018
Alvaro was very professional, helpful and friendly. Understood things quickly. Explained things well in English. Very easy to contact at any time.

A. Kavanagh, Glasgow
Thursday, March 15, 2018
Miguel provided a great service and fully explained to me about the procedures with tax & business registration. My emails and questions where always answered straight away with an immediate response
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or solution.
Very helpful and very friendly I would definitely recommend to anyone considering using Advocate AbroadRead Less

Robert Davies, Mallorca
Monday, March 12, 2018
Very supportive and clear on producing a suitable divorce settlement. Efficient, understanding and professional.

A.Kavanagh, Glasgow
Friday, March 09, 2018
Rosa was exceptional at helping me setting up my business abroad.
This was a big move for me and Rosa fully explained everything to me in detail so I had a full and clear understanding of the lega
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l side of things as well as always promptly responding to any emails or questions I had.
I couldn’t of asked for a better lawyer and I would 100% recommend Rosa to anyone who is deciding to move abroad.
Great service could not be happier.Read Less

Adam Clark, Tenerife
Friday, March 09, 2018
Oliver was very professional. He explained things very clearly and honestly at all times and in the end we got the best result possible in my particular case.
Many thanks to him for his high level
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of service.Read Less

Patrick Martel, Canada
Wednesday, March 07, 2018
For being in another country and all our back and forth communicating over emails .. I thought Rosa did a brilliant job. Thankfully she was able to help where no one else was willing ..

Robert Scott, UK
Wednesday, March 07, 2018
First class service. Rosa's professionalism, advice and patience were all exemplary! Keep up the good work. Will certainly recommend the service to friends!

Martina, Plymouth
Monday, March 05, 2018
Erardo was fantastic and helped immensely during a very difficult situation.
He consulted with my lawyer in the UK and explained to her what needed done. Without him the situation would not have be
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en resolved. He was very understanding and I would have no hesitation whatsoever in recommending him. Outstanding.Read Less

M Pearce, Marbella
Monday, March 05, 2018
Miguel was extremely helpful, he couldn't have done more:
Always kept us updated on the progress of our purchase
Always responded to emails in a professional and timely manner
Always explained to
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our understanding all aspects of the legalities about the purchase
Very approachable,courteous and professional
So much better to deal with than UK property lawyers!
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Tony, London
Wednesday, February 28, 2018
The service I received from nada was very helpful.
The tasks were completed to the highest standard and would definitely use her services again in the future. All correspondence was received in a
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very timely manner. Highly recommended.Read Less

Holly, Lanzarote
Friday, February 23, 2018
The divorce process could have been explained more clearly and accurately so that a more realistic time for completion can be attained.

Julia Alcock, Puerto Rico, Gran Canaria
Thursday, February 22, 2018
Esther was very friendly and approachable. She was professional and answered any questions I asked. We would definitely use her again in the future.

Tamara Malcolm, Mallorca
Tuesday, February 20, 2018
Rosa was and is extremely knowledgeable and helpful. Her advice was excellent and i will definitely be using her expertise again in the future.

Nick Nicolaou, Oviedo
Tuesday, February 20, 2018
Very Satisfied with Miguel's work. He was very helpful and we would definitely use his services again in the future.

Gavin Jones, UK
Monday, February 19, 2018
It was a real pleasure to have Miguel working on my behalf to file my non-resident taxes. He was extremely helpful, gave reassuring advice and I had a high level of confidence in the transactions.
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Miguel is now acting as my fiscal representative in Spain and I plan to continue to use his firm's services for all my tax requirements.Read Less

Martin Hickey, Benidorm
Sunday, February 18, 2018
Very friendly and knowledgeable and professional.
Juan explained the plus and the negatives on various subjects and allowed us to make up our own mind.
I have already recommended him to our fri
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ends. Read Less

Andrew Bullen, UK
Friday, February 16, 2018
Rosa was very professional at all times when dealing with me. Her English was second to none and she always kept me informed of progress via email promptly.
I wouldn't hesitate to use Rosa in the
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future for any legal issues I have.
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Tamara Reeves, Australia
Thursday, February 15, 2018
Anna was very knowledgeable and had prior experience dealing with English clients. She spent a lot of time explaining information and I was never rushed.
I have continued to use Anna since my firs
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t meeting as I trust her judgement and know that she will look after my best interests.Read Less

Ali Hashemi, Alicante
Wednesday, February 14, 2018
Rafael was extremely helpful, accommodating and understanding. He couldn't have done more.

Alan W T Duguid, Montserrat, Valencia
Wednesday, February 14, 2018
Ramon was very helpful and answered my questions and explained the legal process that I was enquiring about.
I would liked to have seen a follow up email detailing what was discussed to ensure that
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my understanding and recollection of the meeting was completely correct.Read Less

Keith Round, La Herradura, Spain
Monday, February 12, 2018
The advice provided was clear, easy to follow and allowed me to secure the required documentation from the Spanish Authorities quickly.
Rosa was very proactive in following up when I was delayed in
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providing inputs and always delay with any questions promptly.
I would not hesitate to recommend Rosa to friends and colleagues and I would use her again in the futureRead Less

GWE, Ireland
Thursday, February 08, 2018
My lawyer Nada was extremely effective to make the case and get a result!

Chris Jones, Cambrils
Tuesday, February 06, 2018
Regardless of the situation Emma, looked for the best possible way to assist under the circumstances. Emma was very approachable and professional.

Richard Quick, Estepona
Sunday, February 04, 2018
I was particularly impressed by Miguel's approachability & professionalism, excellent service!