Property transfer
#1
Thread Starter
polly flinders


Joined: May 2007
Posts: 84
From: east coast yorkshire and Santa Catarina (tavira)

My husband and I jointly own a cottage , we are to go separate ways soon and the property will belong to me only. How is the transfer done and is it a trickie business. Can anyone give a rough idea of costs? Any help will be appreciated
#2
Forum Regular



Joined: Aug 2007
Posts: 224








If you don't have a mortgage on that property you have several relatively easy ways to do it: donation is just one of them you pick up the one that will incur less taxes (all will attract taxes). This of course if your husband agrees, since he may be legally entitled to a share which he may or may not overlook.
If you have a mortgage on the property you have to propose the bank single ownership, which the bank may refuse if she thinks your single income may not be able to cover payments (called taxa de esforço). If the bank agrees, a new deed will be signed AND may be the spread tax of your mortgage may be updated to today values...not nice generally.
I belive a new decree-law is around in which banks are not allowed to increase spread tax on mortgages in case of divorce...not sure if it is in force yet.
If you have a mortgage on the property you have to propose the bank single ownership, which the bank may refuse if she thinks your single income may not be able to cover payments (called taxa de esforço). If the bank agrees, a new deed will be signed AND may be the spread tax of your mortgage may be updated to today values...not nice generally.
I belive a new decree-law is around in which banks are not allowed to increase spread tax on mortgages in case of divorce...not sure if it is in force yet.
#3
Thread Starter
polly flinders


Joined: May 2007
Posts: 84
From: east coast yorkshire and Santa Catarina (tavira)

Thank you for that it's helpful. It will be a donation and there is no mortgage. Could you possibly tell me if it will benefit me to do the transfer before the divorce or after. I have to pay all of the costs incurred in the process so need the cheapest route. I understand the divorce papers need to be translated after the divorce this sounds costly
#4
Forum Regular



Joined: Aug 2007
Posts: 224








The important thing here is that your husband agrees to donate you his share of the property. I am no lawyer, and of course you should hire one for the practical aspects of the operation. Under pt law some marriage regimen do not allow the partners to have separate assets, namely assets obtained after marriage and debts. So only a lawyer can figure out the best solution.




