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Ask a Lawyer by marbella-lawyers.com is a section where our panelist lawyers answer questions asked by the users of the site. Ask a Lawyer is a free service. Ask a Question  Questions on Property Civil Law Taxes Inheritance   Question Archive	Latest Questions: Property Law - What are my options if I have fallen in arrears on my Spanish mortgage? Property Law - Which is the most tax efficient manner to purchase a piece of land to build a house? Property Law - We are in 3 months of mortgage arrears with a Spanish bank for two properties the developer have not completed properly. What are our options? Property Law - Is there any way of structuring my property ownership to avoid paying wealth tax on a portfolio consisting of tree Spanish properties? Property Law - Aifos threatens to take our appartment back if we do not pay an extra 10,000 EUR. Can they do this? Property Law - How can we complete the purchase of our property if our appointed law firm was DVA Abogados? Property Law - What are our remedies if the developer Aifos is not willing to complete the sale of our apartment? Property Law - Is it legal for the developer to ask for more money on completion than the initially agreed price? Tax Law - If I sell my apartment in Spain what is the most economical way of getting the proceeds from the sale? Property Law - Is it safe to buy a property which is not registered? Inheritance Law - How does one normally make provision for paying inheritance tax in Spain (IHT)? Property Law - Are we liable if our seller is refusing to pay the estate agent's fee? Property Law - We want to buy a porperty in Pruna. It is advisable to hire a lawyer recommended by the agent? Property Law - Can I transfer a property from myself to a company owned by me? Inheritance Law - How can my heirs avoid inheritance tax upon my death? Property Law - Can a Spanish Solicitor act for both the buyer and the seller? Property Law - Is it interesting to use an off-shore company to purchase a Property in Spain? Property Law - My lawyer says I don´t need to ask the developer for a bank guarantee. Is he correct? Property Law - What is the best course of action if I discover the developer does not own the land on top of which he is building? Property Law - Is it illegal in Spain for a lawyer to represent the seller as well as the buyer? Property Law - Will we have to pull a balcony down that was built by a previous owner without planning permission? Civil Law - What action can we take in order to receive the money owed to us by a property management company? Property Law - I have put down a deposit for an off-plan property. How can I determine the integrity of the developer before making any further payments? Property Law - Is it possible for an American citizen to empower someone in Spain to sell a property? Inheritance Law - Where should I pay my inheritance tax? Civil Law - How can I proceed if I encounter difficulties when collecting the deeds from my lawyer? Property Law - What are my options if the buyers of my property, who have been living in it for two years after paying only 25% of the purchase price, refuse to pay the balance. Tax Law - Do I have to pay the 7 percent transfer tax on the purchase of shares of a company which only owns a property? Property Law - The seller of the property I am selling now refuses to complete. What are my options? Inheritance Law - Should I make a Spanish will if I own Spanish property? Tax Law - Will I pay more tax if I purchase a property through an agent, as opposed to buying directly? Immigration Law - Spanish NIE: Can I obtain it while in England? Property Law - How can I find out if I will be able to build on a plot of land on the landward side of a road? Property Law - How safe is my money in my conveyancing lawyer´s account? Property Law - How should I proceed if I find out that a property bought seven years ago has registered mortgage against it? Property Law - Will I be able to take out of Spain the proceeds of the sale of my property if I ever decide so? Tax Law - How much tax will I pay if I sell the property I bought 3 years ago? Property Law - What is a "Reconocimiento de Deuda"? Property Law - My parents bought a house seven years ago, and they are now being told that there is a debt attached to the property. What course of action do you recommend? Property Law - What suggestion do you have if my lawyers are refusing to forward the proceeds of the sale of my property? Tax Law - What would my financial position be if I retire in Spain? Tax Law - As a British citizen working in Spain, where do I pay my taxes? Financial Law - When calculating the maximum loan, what is the property market value used? Property Law - I wish to purchase a property through an offhsore company. What would be the maximum loan I could get from a bank? Civil Law - Can the lawyer we have instructed to purchase our property pay a fraction of the purchase price without declaring it officially? Property Law - How does the mandatory insurance on new constructions work? Inheritance Law - I was designated in a will as a co-inheritor of the life interest on a property. What is my position if I have not yet accepted the said inheritance? Inheritance Law - Can my partner, upon my death, stay on living in my property although the beneficiaries of the ownership would be my children? Property Law - I wish to purchase a property from MASA, In Camposol, Costa Cálida, but they refuse to guarantee all my payments. What can I do? Civil Law - What is our position if the buyer is not willing to pay the rights over our property? Civil Law - Our Spanish lawyer is refusing to return the deposit we have given him. What are our options? Property Law - We want to buy a property which is not registered. How can it affect us? Financial Law - Would it help in order to qualify for a loan for my son if I become co-borrower? Property Law - Can we force the owner of the property we are buying sell us on the basis of having the property´s fully registered deeds in his name? Inheritance Law - How can we challenge property ownership on a villa we should have inherited? Property Law - I have put a deposit down on a development and do not want to lose it: what should I ask for in writing before proceeding further? Property Law - My lawyer has exchanged contract for a property paying 10 percent of the purchase price. The valuation has devalued my Property by 22%. What is my right of recourse? Criminal Law - Is the 'El Gordo Lottery Sweepstake Company' a genuine company? Property Law - Can we request our lawyer to clear the debts on a property which we bought and should have been deducted on completion? Property Law - Can the builder request more money prior to completion of the works if the contract does not state this? Immigration Law - How can myself and my family move to Spain? Financial Law - How can I secure a mortgage in Spain with proceeds of the sale of my UK property? Property Law - Is it risky to pay 50 percent of the property price to the builder upfront? Criminal Law - Is it safe to sell my timeshare through a company that contacts me by telephone? Property Law - How can two people buy property in joint ownership and be protected? Property Law - How much should we pay to register our timeshare right? Property Law - How is property registered when there is no title? Tax Law - My capital gains liability is more than the 5% withheld of the purchase price. How is the rest collected if there is more tax to be paid? Property Law - Can any co-proprietor of a jointly owned property ask for the property to be sold in public auction? Property Law - How do we sell a property owned by four different persons, one of which has died? Property Law - we are in the process of purchasing a property in spain and are doing it without an English solicitor, are we mad? Tax Law - How is plusvalia calculated? Civil Law - Will I receive, under Spanish tenancy law, the deposit paid to the landlord? Property Law - Who is responsible if there is a charge on my property dating back 25 years? The proceeds of the sale have been withheld as a result. Property Law - Legal representation, valuation of property and money transfer. Civil Law - Selling a share of ownership on property: can it be done with a power of attorney? Property Law - When buying a property, is it wise to pay over money without the advice of a lawyer? Immigration Law - Is a child eligible for Spanish nationality just by being born in Spain? Property Law - What happens if the private contract of purchase or property does not properly describe the property we are buying? Property Law - Should a property purchase contract stipulate the real extension of the property? Property Law - Are we, as buyers, liable for payment of unpaid debts left by the current owners of a property? Civil Law - What are the requirements for getting a divorce in Spain when one party is a resident? Civil Law - I have placed an offer on a property without escritura, is it a recognised practice? Civil Law - Payment of price on a Spanish property: is it legal to do it abroad? Property Law - How do we stand if the seller has not registered the property? Tax Law - Can I claim a refund of the 6% transfer tax paid on a property Purchase? Property Law - How much should I expect to be charged for water and electricity on a new development property? Inheritance Law - Can I use my English will to leave timeshare? Administrative Law - Are contracts received via the Spanish Post Office legally binding? Civil Law - Powers of attorney with faculty to access bank accounts. Should I worry? Civil Law - We need to evict a tenant who is not paying the rent. What can we do? Property Law - Why should I request guarantees when buying from a developer? Tax Law - I am buying the shares of a property holding company. What should I bear in mind? Civil Law - How do I go about granting a power of attorney, in the UK, to my solicitor in Spain? Property Law - What are our remedies in Spanish law if the developer defaults? Property Law - When does a purchase sale agreement really take place? Commercial Law - Buying a business in Spain: what do I need to bear in mind? Financial Law - I wish to buy a property: How should I organise the money transfer? Property Law - What are the differences between buying property in the UK and buying in Spain? Property Law - I want to buy and sell before completion of the projected property. Is an offshore company recommendable? Criminal Law - Does a person who has been involved in a car accident (drink/driving) with third party injury need a lawyer? Property Law - I cannot get on a loan on a property as it has not been fully registered. Which is the best way forward? Tax Law - I bought a property cheap from the vendor, as there were no agent fees. Can the taxman demand more tax? Property Law - Do we need an agent to purchase property in Andalucía? Civil Law - Can I obtain a refund of the deposit paid on a property if there is a dispute over an ancillary agreement? Property Law - Buying property with no deeds and not registered: how should I go about it? Property Law - The developer has delayed the completion of my property. What can I do? Property Law - Is there a cooling off period after I buy a property in order to obtain a refund of my deposit? Civil Law - The developer I am buying from demands Bills of Exchange? How do they work? Property Law - Is it possible to use an apartment as a bed and breakfast? Property Law - When is my deposit secure when buying from a developer? Inheritance Law - What are the rights of someone with a life interest on a property? Immigration Law - I am married to a Spanish citizen. How do I become Spanish citizen by virtue of the marriage? Immigration Law - What type of residence is required for the purpose of applying for Spanish citizenship? Administrative Law - What are the gun laws like in Spain? Tax Law - When will the Spanish taxman become interested in my income? Property Law - Finding a reputable estate agent and bringing money into the UK Property Law - My neighbour´s house is encroaching on my property. What are my rights? Property Law - Problems with the orientation of the property we have purchased. What should we do? Civil Law - Property letting issues under Spanish law Tax Law - Rental income from the UK: how is it taxed once I become a Spanish resident? Civil Law - Validity of a power of attorney granted in Spain. Inheritance Law - What happens on death of someone I am inheriting from? Commercial Law - Setting up a business of selling cocktails in Spanish beaches. How do I go about it? Property Law - Does the real estate agent I deal with have to be registered? Property Law - Can I sell my property for less than the original purchase price? Property Law - Are low valuations of property in Spain common? Property Law - I've found out that the property I purchased has 2 "embargos". What must I do? Immigration Law - If I buy a property in spain do I get spanish residence? Property Law - How can we protect ourselves if the seller of the property we want to buy says we have to declare less? Property Law - If I sell my rustic property, will I have capital gains? Inheritance Law - How to find an inheritance in Spain Tax Law - How are taxes assesed in Spain and what is more recommendable in terms of tax set up? Financial Law - Transferring monies into Spain. Which way forward? Tax Law - How much tax must I pay on an extension on my property? Inheritance Law - How do I stand with regards to a will done in Spain? Property Law - Investigating title to the property bought in Spain. Civil Law - How does a verbal agreement stay after the death of one of the parties to it? Tax Law - What taxes are paid annually on a property? Tax Law - As a non-resident, how much tax will I pay when sell my property? Property Law - I am buying a plot of land to build on it. Is a geographical survey important before starting the works? Inheritance Law - How can I know if any relative in Spain left property which can be inherited? Tax Law - I have a property in Spain which I rent out. How should I go about declaring the income? Civil Law - A company who provides services to holiday makers has not kept their side of the agreement. What can I do? Immigration Law - I am an Israeli of Spanish origin. Can I obtain Spanish citizenship? Civil Law - I intend to bring money into Spain from the U.K. Do I have to declare it at the customs? Commercial Law - What are the requirements for a US corporation to do business in Spain? Civil Law - I have been informed of the existence of a hidden charge on my property. What should I do? Financial Law - Can I obtain a mortgage without any documentation? Civil Law - Is there a way to collect unclaimed funds from any relatives; known or not? Immigration Law - I'm an alien resident in the US and I would like to be a resident in Spain. What do I have to do? Immigration Law - As an American-German couple can we move to Spain and open a small business without major problems? Civil Law - What happens in Spain if a tenant is not willing to vacate our property? Immigration Law - Can I apply for a residency permit straight afterwards I buy a property? Tax Law - Can the Tax Authority investigate my bank accounts? Civil Law - My wife has taken my child to Spain and I wish to recover him. What should I do? Civil Law - Are verbal agreements enforceable in a Court of Law? Inheritance Law - How do we go about getting information on an inheritance in Spain? Property Law - How can we check on the developer, to see if their building work is going as per schedule? Tax Law - What is the capital gains tax on the sale of a property in Spain? Civil Law - What is the legal position if I send money to a friend in order to sign acontract? Tax Law - Can I deduct the cost of the mortgage on the tax declaration? Civil Law - What is the time limit for bringing a debt recovery? Property Law - If I buy a property in Spain, will I have to declare this asset in the U.K.? Property Law - Should I incorporate a company to purchase property? Property Law - We are putting down an offer on a property. I wonder if there any issues which need to be specially addressed? Tax Law - If I take out a mortgage to finance my purchase, will I be entitled to any allowances? Property Law - The vendor of my property does not want to leave the property he sold. As a buyer, what are my rights? Property Law - We have not been notified of the community meeting that has taken place in our building. The agreement is detrimental to our interests. What should we do, if anything? Financial Law - Fixed or variable interest rate loans? Property Law - What is my right of recourse if I purchased a property from the developer and the Community fees were not up to date? Property Law - Can I stop my neighbour from constructing a wall next to my property? Tax Law - What can I do if the Taxman considers that I have ´lied´ over the realprice of the property declared on the deeds? Civil Law - Can I recover monies owed to me by a defendant living in Spain? Immigration Law - How can I obtain Spanish citizenship being a U.S. resident? Financial Law - Can I obtain a mortgage in Spain? Tax Law - Is my U.S. pension taxable in Spain? Property Law - Buying a property from an offshore company. Property Law - What security do I receive on downpayments when buying a property? Property Law - Are verbal agreements enforceable in a Spanish Court of Law? Immigration Law - As a British citizen, how do I apply for residencia? Property Law - What does the law provide for a "traspaso" in respect of the parties? Civil Law - Where should a divorce claim be filed where the parties are not spanish citizens or residents? Civil Law - I am buying a pub from a friend and I wonder whether I should put it in writing? Property Law - What are my remedies for unpaid community charges from the previous owner? Tax Law - How Much Tax on Rented Property Civil Law - Can I make use of a power of attorney after the death of the grantor? Tax Law - How much tax do I have to pay on the gain when I sell my property? Property Law - Can I refuse to pay the Plusvalia? Financial Law - Limitation of liability on a bill of exchange
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