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Property Law Uncategorized

I have a rental agreement over my property in the Canary Islands (Tenerife) and I live in Doncaster (UK). Currently the tenant has not paid my rent for 3 months.¿Can I terminate the contract?

Sure you can do it. To terminate the contract you must go to a Spanish lawyer to formally request payment of rents to the tenant and file a civil action for eviction for non-payment. In such proceedings you will be able to obtain a sentence in which not only will a date be set for […]

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Property Law

In 2005 I signed a timeshare contract in Malaga, whose annual maintenance costs or fees are high and I want to stop paying. ¿What can I do?

It is highly recommended that you consult a lawyer. From 2015 onwards, Courts have been declaring some timeshare contracts null and void if they comply with certain omissions that the Spanish Timeshare Law declared obligatory to mention.Many timeshare resorts have abused very aggressive sales techniques and have left out certain aspects in the contracts that […]

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Property Law Wills & Probate

¿Is it mandatory to settle Inheritance Tax to inherit a timeshare in Spain?

Yes, whether it was acquired in a private document or in a public document (before a Notary Public). The timeshare has an economic value and can be transferred to third parties on the market, so it must be reflected when receiving an inheritance in Spain and taxes must be paid based on the total value […]

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Golden Visa Property Law Wills & Probate

¿Is a pre-nuptial agreement in anticipation of a break-up valid in Spain?

There is no express legal provision, but they are admitted and accepted in Spain. It is recommended that they be signed in order to regulate the economic and personal consequences for the future spouses and to avoid undesirable consequences in the future in the event of disputes that would entail a very hard economic and […]

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Property Law

Which are the tax consequences when I sell my property in Spain?

Usually, by law, the seller must pay the capital gain tax, which is a municipal tax issued and payable to the City Town Hall. In case of non residents sellers, commonly on Spanish deeds the capital gain tax is payed by the purchaser and retained from the purchase price. I. Bosch Counsel Partner

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Property Law

Is there any kind of retention or deduction to the seller from the purchase price?

Yes, indeed. The purchaser must apply a 3% retention from the price and proceed with the payment in favour of the Spanish Tax Office, in 30 days. J.M BoschLawyer

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Property Law

I am in joint ownership with my brother in Tenerife and I want to buy his part. Which will be most fiscal attractive operation?

Take into account that in the Canary Islands the Transfer Tax is the 6,5% (year 2021) from the purchase price or from the value of the property. In order to pay less in this particular case, the dissolvement of the community or from the joint ownership, it is the proper real estate operation to choose. […]

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Property Law

What happens when there is a mortgage or some burdens at the property am I interested?

In this case you should check the real and legal situation of the property, requesting a Land Registry Note and find out what are the real burdens affected to the property. In case of a mortgage, it should be interesting if your solicitor should deal directly with the bank and try to obtain all the necessary […]

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Property Law

What do I have to do if I am leaving from Tenerife and I want to sell my house?

Bear in mind that a Power of Attorney (General or special) could be a really interesting tool in order to grant someone special faculties for selling, buying, cancel mortgages or any other issues it may arises from a real estate operation. I. BoschCounsel Partner

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Golden Visa Property Law Wills & Probate

Does will affect my new Brexit condition in Tenerife if I want to purchase, for example, in a rural area?

Yes. Current regulations comply non EU citizens that wants to buy in some specific or rural regions, must apply for a military authorization. For this matters, please contact your solicitor o send us your queries in our contact details J.M. BoschLawyer