My husband died in January 2015. We were both resident in the UK and jointly owned a apartment in Andalucia.
I have received an offer for the apartment and am keen to sell it, but my Spanish lawyer says I need to keep it for at least four years. We bought it over 10 years ago and it is selling for less than we paid for it. We made a Spanish will but had no intention on retiring to Spain. There is no debt on the property. I cannot get a clear answer from my lawyer, he says the problem is with Madrid. Why can’t I pay the IHT and sell the property?
First of all I’m very sorry to hear of the death of your husband. Normally inheritance tax is due within six months of the death to avoid any penalties. If the authorities haven’t been told of the death for 4 1/2 years or so the surviving spouse may avoid paying inheritance tax. But you really need to clarify what is happening with your lawyer. I know what a confusing time all this is. Best wishes.
We are lawyers in Málaga, Andalucía. We have large experience in inheritance law, Non resident tax law and conveyance. If you want to have a profesional legal advice of your case we could revise your case and provide full information of the steps to be taken to sell the property.
Everything you need to know about property in Spain
Login or Register to read articles without any adverts in the text.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.