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I am an American citizen married to a Spaniard whose house is located in Andalucia. He bought a house in 2003 prior to our marriage (we were married in 2006). What is the process for my name to be added to the title (“escritura”) of this house? Is it true that it will be very costly to add my name to the title?
Is it true that there are a couple of ways of doing this? The first is for my husband to sell me a portion of the house? The second, he could donate a portion of the house to me, but that I will have to pay twenty percent of the house’s value plus taxes and notary public fees? One lawyer said that another option would be for my husband and I to do a separation of property (separacion de bienes), but in this separation of property, he could declare that half the house is mine if it could be proven that I pay half the mortgage?
I suggested to my husband that we sell the house when the market is better, then purchase another house so that this time, we could have both our names on the title of that new house. I am hurt that he would not consider this.
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It is necessary to know which is the economical rule of your marriage, is it “gananciales” or not?. Where did you get married and under what Law?.
There is a possibility of adding this property to your marriage society, but only if it is ruled by Spanish Law.
If not, you only have the option of buying a half of the house, paying the tax for that. “Donación” is more expensive, because Andalucia does not have a special treatment for that between husband and wife. -
“I suggested to my husband that we sell the house when the market is better, then purchase another house so that this time,”
If you think you can out smart the money grabbing ethos of the Spaniard. Think again. When the market improve & you sell. You will have to pay the agents commission VAT on it. The new one that you will buy, you will have to VAT/or other equivalent if its a resale, notary etc, plus what ever they can grab, so you could end up paying around €30K minimum, all to feed the incompetent civil servants.“we could have both our names on the title of that new house.”
A marriage is not about having names on property titles. Its about having names imprinted on each others heart & soul. As an American. I suppose your society does not recognise this profound basis when two souls meet.
” I am hurt that he would not consider this.”
Why would you get hurt. Your Country invented the the prenuptial agreement.On a separate issue, the cost that entails. Such transfer cost had historically made Spanish not to act to resolve legal matters. As they did not have the money, banks did not lend & even, if did the bank did, the mortgages had to be notarised that further added to the cost. As a result as and when they wanted to sell it created a lot of problems for the buyers/sellers & deals fall through.
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“A marriage is not about having names on property titles. Its about having names imprinted on each others heart & soul. As an American. I suppose your society does not recognise this profound basis when two souls meet.”
Thank you for your moral judgment, but you have no idea as to the whole story since I did want to have to disclose the whole melodramatic details. The response to your judgment is “DUH!!!”
I gave up everything to be in this relationship. It is just an unfortunate fact that, what I would do in a heartbeat (and have done) to protect my husband materially and financially in the States, is not as cut and dried in Spain since some laws are complicated by design…much to my detriment.
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While it is sad bcl0568, when relationships breakdown. You are not the first or the last women/men who sacrifices for a relationship & its admirable.
I cannot see, how adding your name would somehow, vindicate that the sacrifices that you have made. I feel that most of the forum users can see through your intentions.
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@shakeel wrote:
A marriage is not about having names on property titles. Its about having names imprinted on each others heart & soul. As an American. I suppose your society does not recognise this profound basis when two souls meet.
Could you please restrain from expressing your profound anti-American sentiments on a public forum?
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