Property and Conveyancing
Conveyancing is more than a Sale / Purchase contract
If you were expecting your lawyer to do the conveyancing that you would expect in your country of origin, you may be surprised to find out that for many lawyers here who advertise property purchase and sale contract, that is all they actually do. This is in stark contrast to what you would expect in the UK for example.
So if you expect a more comprehensive service, then you need an experienced conveyancer who will spend time carrying out searches so that you do not have any nasty shocks after buying your new home.
- What is in the town plan for your area?
- Are any changes to the designation of the land in the pipeline?
- Will you lose your view?
- Will you end up living opposite a brand new school, a childrens' playground or a new street?
- Or maybe the designation of the surrounding land in the urban plan is about to change.
You do not want to leave any of that to chance, just as you would not have done in any property purchase before coming to Spain.
All mortgage providers will send a valuer to the property, but their only motive is to make sure that it is worth what they are lending you. This is called "Tasación". You need to arrange your own structural survey. We can help you to arrange all of this cost-effectively and quickly.
Buy with peace of mind and enjoy your new home.
Money transfers for property purchases and sales
Currencies Direct
Case Study of house sale
Case Study of house sale
Send money to and from Spain and avoid commission and charges
Case Study of house sale
Case Study of house sale
Case Study of house sale
Click on the photo to read more about buying and selling without incurring fees for currency transfers
Landlord and tenant
Renting your property out, or renting a property or holiday home
We can help you to draw up solid contracts which will protect you when renting out your home.
If you have a tenant who has stopped paying rent and/or bills, you need to look for a solution which does not become messy or lead to an unpleasant stand-off. If there is no other way forward, we will take immediate action to assist you in regaining control of your property.
If you are renting out a property as a holiday home, the ideal situation is that your guests have a wonderful time while you make money. But things can go wrong and you need advice immediately if they do.
The first thing to do is to find out your legal situation.
Tourist Licence
Registering your property for short tourist lets
All properties let out to tourists must have a valid and up to date licence. This applies whether the property is let out privately or via one of the online platforms such as Booking, Airbnb, Vrbo etc.
All guests must be registered upon arrival via an online platform.
The proceeds of holiday rentals are not eligible for the same generous tax breaks as long term rentals, and if you are not a resident of Spain there are some additional obligations to fulfil.
We can help you to apply for the licence and show you how to register your guests as well asadvising you on and making your tax declarations for this type of income.
FAMILY LAW
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
Emma combines a sympathetic ear with a steely determination to get things done right first time.
With years of experience in helping families to resolve disputes and have fair arrangments in place, she is the ideal person to come to for advice on:
- Divorce and separation
- Maintenance and Financial Settlements
- Alterations to existing arrangements
- Access and custody issues
A common-sense and empathetic approach, together with her negotiating skills make Emma a popular and successful Family Lawyer.
Going to court is always a daunting prospect. Let Emma take the stress out of your situation.
At such difficult moments, it is essential to get the right advice, and to know that Emma will represent your best interests both in and out of court.
Divorce in Spain vs Divorce in England and Wales
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
This is a question which people often ask, having heard that it might be easier, quicker and possibly cheaper to divorce in their country of origin.
Something that is new in the UK from 2021 is that the petitioner (the person who wants the divorce) no longer has to prove that their spouse has been unfaithful, acted unreasonably or deserted them. However there is an obligatory 20 week cooling off period which will delay matters.
In Spain on the other hand, there is no need to cite or prove anything as we benefit from the availability of a simple no-fault divorce, which minimises the potential for acrimony, unnecessary stress and court hearings.
If you have assets and children in Spain, it will be to your advantage that your arrangements are endorsed and enforceable under Spanish Law, simply because it can be extremely difficult to enforce an order made in a different country.
Divorce at the Notary
Emma Romero and Marta Moreno - Lawyers, specialists in Family Law
Divorce at the Notary
You can now divorce at the office of the Notary in Spain.
This option is only applicable in the case of a divorce by mutual agreement; contentious divorces must still be put before a judge.
However, if both parties are in agreement and there are no children under 18 years old involved, then this can be an attractive option.
There is no need to apply to the Court, submit paperwork or wait for a Court date.
This makes this route to divorce a very speedy one.
Although both parties must be represented by a lawyer, they may both may decide to be represented by the same lawyer.
It is even possible for the documents to be signed by a representative using a Power of Attorney if one party, or even both, does not wish to attend or is not present in Spain.
Banking Law
Ignacio García - Lawyer
Floor clauses and other abusive and unfair clauses
Do you know your rights?
Ignacio is here to help you if you have discovered that your credit card contract contains unfair terms which are to your detriment.
If you are faced by spiralling debts on your credit card, a balance you can't seem to pay off, find out if your credit card is a "revolving card", and exactly what you can do about it.
Do you know your rights?
Floor clauses and other abusive and unfair clauses
Do you know your rights?
The banks in Spain may not always advise you of what your rights are. The longer we live here, the more we get used to commissions and charges we had never experienced in our home country.
But don't just sit back and accept every unexpected charge or condition. Let an expert cast his eye over your situation and advise you or your rights.
Floor clauses and other abusive and unfair clauses
Floor clauses and other abusive and unfair clauses
Floor clauses and other abusive and unfair clauses
Spanish judges are taking a dim view of banks who insert ambiguous or unfair clauses and terms in their contracts, taking advantage of their position to impose them on their customers.
An abusive clause or term is one which you have not expressly consented to, and which has negative implications for you, the customer.
Recent court cases demonstrate that the courts expect banks and other such organisations to act in good faith and not to mislead their customers.
"Revolving" Credit Cards
"Revolving" Credit Cards
Floor clauses and other abusive and unfair clauses
If you or someone you know has a card balance which never seems to go down even though they pay what they have been asked to by the card issuer, the chances are that they have inadvertently signed up for what is called a Revolving Credit Card.
But you can do something about it. The clauses in these contracts are often unfair and may be considered abusive and contrary to the principle of good faith.
The small print....
"Revolving" Credit Cards
The small print....
Yes, we are all supposed to read every word of a contract before we sign it, but does anybody actually do that?
Recent judgments in Spain have shown that judges understand that we do not take in every word, nor are we expected to fully understand the implications of cleverly written terms which might trip us up.
Reduce commission
"Revolving" Credit Cards
The small print....
Many banks are agents for insurance policies such as health insurance, home insurance, and funeral insurance.
It is often worth asking your bank for a quotation for insurance because they may reduce or cancel their commission charges to customers who have contracted insurance through them.