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My friend bought a quarter share in a Spanish property with her husband in 1999 – the rest is owned by other family members. As it transpired, her name was not put on the deeds of the property. The couple were divorced four or five years ago and as part of the settlement, the husband agreed that my friend would get the full quarter share in the property and that he would have no claim on it. Unfortunately, the ex-husband has since died. So the question is, how does my friend go about getting her name on the deeds and what are the financial implications?
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My friend received sole ownership of the share in the property as part of the divorce settlement in Ireland and has it in writing. Unfortunately, through an oversight when the original deeds were been drawn up, her name was not included. She should have looked to replace her ex-husband on the deeds more quickly, but things were put on the long finger. Now that he has passed away, the need to get her name on to the deeds has become a little more urgent. The rest of the family have no problem with this.
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If it’s in the divorce settlement in writing it should be possible then. She will have to hire a lawyer to get it done though. Sounds quite complicated, will need the document translated and notarised with Hague Apostille, then taken to Spanish notary to get the deeds changed. I wouldn’t be surprised if the Spanish tax authorities consider it a gift and tax it as such. For more information you’ll have to consult with a lawyer.
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It will not be considered as a gift, if the lady can show that she paid her share to the seller of the share. The lady needs to proof that she paid and that a mistake was made in the title deed.
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Roddy,
In Spain, property deeds are signed before a Notary Public. Do you have the Notary’s name? It will be on the deed. If you have it, call the Notary and ask them how to proceed. Specifically, ask if they can prepare a ‘modification’ to the deed where you put your friend’s name as a 25% owner. Your friend will need proof of property ownership (with a Spanish translation) and will need to sign the modification before the Notary (or have someone else sign with a power of attorney). Otherwise your friend will have to buy her quarter and pay a substantial tax on it. First thing to do is Call the Notary. Contact me if you would like some help: info@spainadvisors.com
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