Malaga Solicitors

Spain's leading law firm for conveyancing, probate, litigation, breach of contract, family & matrimonial law and Spanish inheritance tax.

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news

 

Vat on new builds reduced from 8% to 4%
Spanish Government finally reacts to construction crisis

   
  Spanish housing minister appeals to British buyers to return
Reforms promised to property and banking law
   
  Gloomy report on Spanish property market
No recovery until 2016
   
  Repossession cases on the increase
Repossession cases heard by Marbella
   
  El Archivo de Antequera aumenta sus fondos
La familia Ramos deposita documentos relacionados con los 140 años de actividad de su despacho de abogados
   

 

Foreign exchange
Latest mid-market GBP to EUR
 
  Bank of Spain proposes doubling provisions for repossessed properties
Proposed changes will drive property prices down
 
  Latest financial scandal
Landsbanki mis-selling of equity release schemes
 
  Bogus Law Firms
Fraudulent emails and website cloning

guides
  Guide to Spanish probate
Probate in Spain and inheritance law
 
  Contesting a Spanish will
Contentious probate & Disputed wills
 

 

Applying for Spanish NIE number
NIE application form in English
 
  Guide to drawing up last will and testament
Use of non Spanish wills in Spain
 
  Deed of dissolution of joint property ownership
Re-arranging assets following divorce or separation
 
  Divorce or legal separation in Spain
Guide to Spanish divorce or separation
 
  Guide to buying property in Spain
Legal guide on purchasing property in Spain
 
  Taxation of Pension Income in Spain
Spain - a favourable tax environment

published articles
  Bank and insurance guarantees
Enforcing a claim under bank or insurance guarantees
 
  Buy with confidence
Avoid the pitfalls
 
  Executing a power of attorney
Risks involved in executing a power of attorney
 
  Rural property
Risks involved in buying rustic or rural property
 
  Refinancing and equity release schemes
Spain an unregulated market place
 
  Starting a business in Spain
Pitfalls of buying a business in Spain
 
  International child abduction
Parental child abduction - Child abduction in Spain
 
 
 
Deed of dissolution of joint property ownership

Resolving jointly held Spanish based property following divorce or separation in Spain

A deed of dissolution of joint property ownership (escritura de extinción de condominio) is a cost effective and tax efficient way for registered owners to re-arrange their combined property holdings.

Situations in which it might prove beneficial are:-

  • Divorce or separation proceedings
  • Re-arranging inheritances
  • Re-arranging property holdings between friends and families

The procedure is relatively simple and straight forward and results in significant savings in both tax payable and legal fees. It is merely a matter of going before a notary and re-registering the property in the name of the remaining owner.

Taxation
A deed of dissolution of joint ownership attracts tax at only 1% rather than the standard rate of 7%. Also both parties are saved the administration burden of the 3% capital gains tax retention and subsequently waiting 6 to 12 months for it to be refunded.

Legal fees
As the transaction requires less in terms of a traditional conveyancing service then any quoted legal fee should be less than the standard 1% to 1 ½ % plus VAT normally quoted. For high value transactions it would probably be advisable to agree an hourly rate with an overall cap on the final fee.

Mortgage
If there is a mortgage attached to the property then it will also be necessary to obtain consent from the mortgage provider to release the outgoing owner from any on-going commitments.

 
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