LawTalk
Spanish property – English divorce – seek advice before the Court order
After 20 years working in Spain I have lost count of the number of English court divorce orders that seek to deal with Spanish property as if it were English property . You will be familiar with the wording and recitals :
The property shall be sold forthwith on the open market for sale and the following conditions apply : … such solicitors as may be agreed … such estate agents as may be agreed , etc .
Moreover , Spanish property is often defined as “ the apartment in Marbella ” or “ the land in Valencia ”, yet in the same order a Land registry title number will be given to identify the English property . Quite apart from these issues there are also the costs and tax implications of the transfer or sale of property .
In Spain the only way in which property can be transferred is by way of notarial deed or by court order . Where a Judge makes any order to transfer property , this can only be done by court auction . Therefore , the enforcement of any English order that does not specify the signing of a notarial deed can become very expensive and time-consuming .
The question of taxation can also be a problem as there is a misconception in Spain that English people are married in
“ separation of assets ” which would imply tax must be paid on the transfer , even if it is a 50 / 50 split of assets overall .
These problems can be avoided by seeking advice from lawyers who specialise in conflicts of law , and who can provide draft wording that is appropriate to the specific case and can be enforced in Spain if necessary . Clearly this advice is required before the order is finalised .
If you are the owner or joint owner of Spanish property and are seeking divorce in England or indeed in many other jurisdictions , do get advice before the divorce .
SANDRA WRIGHTSON , BARRISTER ,
DE COTTA LAW
Contact us on info @ decottalaw . net or call (+ 34 ) 952 527 014 .
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja Tel : + 34 952 527 014 - Fax : + 34 952 523 428 www . decottalaw . com - E-mail : nerja @ decottalaw . net
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