Selling a share of ownership on property: can it be done with a power of attorney?

Ian Murray

A. I do not quite understand the use of this power of attorney, as the power is either granted to your lawyers or to your partner, in order for them to sell and sign the appropriate documents on your behalf.

Your partner cannot prevent you from selling your share, unless you have specifically agreed to do it. The process for selling a share in the property is exactly the same as selling the entire ownership. By means of the power of attorney, you empower someone to sell on your behalf your share in the property. In any case, your partner will always have a prior right to purchase the share over any other third party. If he is not notified of the sale, he can undo the sale and place himself in the position of the buyer, acquiring the 50% share for the declared purchase price paid and reflected on the deeds.

A power of attorney signed before a Spanish Notary Public or before any other Notary Public in the world (provided it is stamped with the Hague Convention Apostille, and translated) is a legal document, and will be valid in any transaction done in Spain and will access the appropriate registries and public offices, as the case may be.