Go Back  British Expats > Living & Moving Abroad > Europe > Spain
Reload this Page >

Property Ownership

Wikiposts

Property Ownership

Thread Tools
 
Old Oct 28th 2013 | 5:27 pm
  #1  
Thread Starter
BE Forum Addict
 
Joined: Apr 2010
Posts: 2,143
From: London (mainly)/Oliva
johnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond repute
Default Property Ownership

I am considering buying a second property by the beach for our siblings and their (potential) siblings use.
Having read elsewhere about Spanish inheritance tax laws would it be best if I purchased in their names?
If yes would they all (3) need NIE's etc. or could I get away with naming the eldest child only on the understanding ownership was shared with the other siblings thus avoiding some paperwork?
Also could I use my current Spanish bank account to buy and run the new property with or preferably without adding a siblings name to it?

Thanks in advance.
 
Old Oct 28th 2013 | 6:41 pm
  #2  
Banned
 
Joined: Apr 2008
Posts: 3,081
me me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond reputeme me has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by johnnyone
I am considering buying a second property by the beach for our siblings and their (potential) siblings use.
Having read elsewhere about Spanish inheritance tax laws would it be best if I purchased in their names?
If yes would they all (3) need NIE's etc. or could I get away with naming the eldest child only on the understanding ownership was shared with the other siblings thus avoiding some paperwork?
Also could I use my current Spanish bank account to buy and run the new property with or preferably without adding a siblings name to it?

Thanks in advance.
Talk about brotherly love, wow.
 
Old Oct 28th 2013 | 7:02 pm
  #3  
snikpoh's Avatar
Retired and loving it!
 
Joined: Sep 2007
Posts: 5,210
From: Ontinyent - Valencia region (campo)
snikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond repute
Default Re: Property Ownership

I would certainly put it in the names of your children.

Having seen how some families develop over time, I would name all the children on the deeds.

Your bank will be fine.
 
Old Oct 28th 2013 | 7:50 pm
  #4  
Thread Starter
BE Forum Addict
 
Joined: Apr 2010
Posts: 2,143
From: London (mainly)/Oliva
johnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by me me
Talk about brotherly love, wow.
It was early!
 
Old Oct 28th 2013 | 7:54 pm
  #5  
Thread Starter
BE Forum Addict
 
Joined: Apr 2010
Posts: 2,143
From: London (mainly)/Oliva
johnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond reputejohnnyone has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by snikpoh
I would certainly put it in the names of your children.

Having seen how some families develop over time, I would name all the children on the deeds.

Your bank will be fine.
Thanks. Do you know if they would they all need to go over to Spain to sign the documents? Bit difficult as one lives in Singapore.
 
Old Oct 28th 2013 | 8:06 pm
  #6  
snikpoh's Avatar
Retired and loving it!
 
Joined: Sep 2007
Posts: 5,210
From: Ontinyent - Valencia region (campo)
snikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by johnnyone
Thanks. Do you know if they would they all need to go over to Spain to sign the documents? Bit difficult as one lives in Singapore.
I believe that they can give power of attorney to someone else. They will all need NIE numbers of course.
 
Old Oct 28th 2013 | 8:44 pm
  #7  
Dxf
BE Forum Addict
 
Joined: Aug 2005
Posts: 1,617
From: Beckenham, London borough Bromley
Dxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond repute
Default Re: Property Ownership

Hola

This is exactly what I did in 2002 on advice from Blevins Franks; I have an usufructo which gives me the right to live there, but I am (on paper) a pauper so inheritance tax will never be a problem

Davexf
 
Old Oct 28th 2013 | 8:48 pm
  #8  
Banned
 
Joined: Oct 2013
Posts: 805
crookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond repute
Default Re: Property Ownership

Have you looked at placing it within the wrapper of a UK Ltd Company? The company would hold shares, say one for everyone concerned. UK wills could be used to leave shares to whoever the donor wishes, as we are talking UK law, there would never be a gain until the property was sold, downside is half yearly audited accounts at say, £1000 p/a, but it gets rid of much of the Spanish autocracy.
 
Old Oct 28th 2013 | 9:17 pm
  #9  
snikpoh's Avatar
Retired and loving it!
 
Joined: Sep 2007
Posts: 5,210
From: Ontinyent - Valencia region (campo)
snikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond reputesnikpoh has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by crookesey
Have you looked at placing it within the wrapper of a UK Ltd Company? The company would hold shares, say one for everyone concerned. UK wills could be used to leave shares to whoever the donor wishes, as we are talking UK law, there would never be a gain until the property was sold, downside is half yearly audited accounts at say, £1000 p/a, but it gets rid of much of the Spanish autocracy.
Plus the cost of annual submission to Companies House and then the cost of changing share ownership when someone dies etc.

The overheads can be quite high - IMO
 
Old Oct 28th 2013 | 9:20 pm
  #10  
EsuriJohn's Avatar
Lost in BE Cyberspace
 
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
EsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond repute
Smile Re: Property Ownership

Originally Posted by Dxf
Hola

This is exactly what I did in 2002 on advice from Blevins Franks; I have an usufructo which gives me the right to live there, but I am (on paper) a pauper so inheritance tax will never be a problem

Davexf
We did almost exactly the same with the advice from BF except that both my wife and I are both owners as well dividing the ownership between all FIVE of us. This means that each 1/4 is less than the value for IHT. The Notary we used also recommended a clause in our wills which he said comes from Italian practice whereby if any of the children gets bolshi they are disinherited.

Originally Posted by snikpoh
I believe that they can give power of attorney to someone else. They will all need NIE numbers of course.
For our purchase my wife and I together with our daughter were on holiday and all bowled into a Notaries office and asked for power of attorney for each of us given to me. When we got back to UK I went along to the London consulate with my two sons and we got power of attorney for each of them. This meant I had 4 PA's and could deal with any requirement.

This was all done ten years ago and I had obtained 5 NIE's at the Extranajero office in Huelva for each of us.

All up it cost less than €200 to put us in a position to proceed with the purchase when required. To cap it all our chosen Abogado was so useless I sacked him and went along to the Notary's office myself and completed the sale myself.

This required a huge amount of research and extensive use of google translate but I got there in the end and we have a completely legal property with every item of paperwork required to sell the property when the time comes.
 
Old Oct 28th 2013 | 9:23 pm
  #11  
EsuriJohn's Avatar
Lost in BE Cyberspace
 
Joined: Jun 2005
Posts: 6,912
From: Puente Esuri
EsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond reputeEsuriJohn has a reputation beyond repute
Smile Re: Property Ownership

Originally Posted by crookesey
Have you looked at placing it within the wrapper of a UK Ltd Company? The company would hold shares, say one for everyone concerned. UK wills could be used to leave shares to whoever the donor wishes, as we are talking UK law, there would never be a gain until the property was sold, downside is half yearly audited accounts at say, £1000 p/a, but it gets rid of much of the Spanish autocracy.
Not a good idea for normal property works for millionaire pads.
 
Old Oct 28th 2013 | 10:57 pm
  #12  
Banned
 
Joined: Dec 2006
Posts: 8,824
From: Living in a good place
jackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond repute
Default Re: Property Ownership

One snag with putting your childrens names on the escritura is if one of them gets divorced. You need a legal document whereby their partners sign away all rights to said property. A trust is much better than a company.
 
Old Oct 29th 2013 | 3:35 am
  #13  
Banned
 
Joined: Oct 2013
Posts: 805
crookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond reputecrookesey has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by EsuriJohn
Not a good idea for normal property works for millionaire pads.
Please explain.
 
Old Oct 29th 2013 | 3:59 am
  #14  
jjh
BE Enthusiast
 
Joined: Apr 2005
Posts: 920
From: La Saucedilla, Chiclana
jjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond reputejjh has a reputation beyond repute
Default Re: Property Ownership

Jackytoo, please look at post number 7, he can´t be thrown out as he has a usofructo.
 
Old Oct 29th 2013 | 6:36 am
  #15  
Banned
 
Joined: Dec 2006
Posts: 8,824
From: Living in a good place
jackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond reputejackytoo has a reputation beyond repute
Default Re: Property Ownership

Originally Posted by jjh
Jackytoo, please look at post number 7, he can´t be thrown out as he has a usofructo.
wasn't referring to that post.
 


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices

Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.