Property Ownership
#1
Thread Starter
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Joined: Apr 2010
Posts: 2,143
From: London (mainly)/Oliva











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.
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.
#2
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Joined: Apr 2008
Posts: 3,081











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.
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.
#3
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.
Having seen how some families develop over time, I would name all the children on the deeds.
Your bank will be fine.
#5
Thread Starter
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Joined: Apr 2010
Posts: 2,143
From: London (mainly)/Oliva











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.
#7
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Joined: Aug 2005
Posts: 1,617
From: Beckenham, London borough Bromley











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
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
#8
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Joined: Oct 2013
Posts: 805











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.
#9
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.
The overheads can be quite high - IMO
#10
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.
#11
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.
#12
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Joined: Dec 2006
Posts: 8,824
From: Living in a good place











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.
#14
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Joined: Apr 2005
Posts: 920
From: La Saucedilla, Chiclana











Jackytoo, please look at post number 7, he can´t be thrown out as he has a usofructo.



