Divorce and Spanish Property

Divorce can be a painful and emotional time and, whilst all you want to do is reach a fair agreement as quickly as possible, there are formalities and practicalities of dealing with Spanish property.

SJ Stoker Solicitors are specialists in this area. This means that we can deal with all of the legal and administrative work in connection with the transfer of the Spanish property.

The importance of using a specialist Solicitor

Before any agreement is reached with your spouse about the property, it is important that you know what the process involves and what costs and taxes will be incurred. By contacting us at an early stage, we can provide this information to you and your divorce lawyer. This way you are armed with all the necessary information to be able to negotiate a fair settlement. We will be able to advise you and your divorce lawyer whether an English Court Order or Consent Order will be accepted in Spain. We will also be able to advise how this could affect any Spanish mortgage you may have.

If you have already been awarded a Spanish property as part of your divorce settlement we can prepare any documentation required by the Spanish authorities, making sure that the property will be registered with the Spanish Land Registry in your sole name.

Even if you are transferring your share of the Spanish property to your spouse, you will need to make sure that you are no longer responsible for any Spanish taxes or liabilities following completion of the transfer. This is particularly relevant where there is a Spanish mortgage because whilst the Spanish Lender might consent to the transfer itself, they may not agree to release you from your mortgage obligations, leaving you in a worse position.

SJ Stoker Solicitors will deal with all of the legal process and will make sure that your interests are fully protected.

As part of our service we can:-

• Provide an overview of the process and an estimate of the timescales involved
• Provide an estimate of costs and taxes
• Arrange for the Court documents to be translated and legalised with the Apostille of the Hague Convention
• Prepare a Spanish Power of Attorney so that you do not need to travel to Spain to complete the transfer (if required)
• Apply for and obtain your NIE number where necessary
• Contact the Spanish Notary, Land Registry and where applicable, the Spanish Lender, regarding the recognition of the UK Court Order or Consent Order
• Arrange a Notary Appointment for completion of the Transfer
• Arrange for the documentation to be registered with the Spanish Land Registry, if you are to be the sole registered owner.

to contact us for a free initial consultation.

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