The latest local news and legal information
Disputes over jointly owned property has been made easier in Spain as a result of a law change. Joint ownership of a property — whether…
In Spain, it is common for friends, relatives, or even trusted acquaintances to allow someone to live in their property without signing a rental contract.…
Owning property in Spain comes with a number of legal and tax obligations, whether you are a Spanish tax resident or a non-resident owner. At…
Owning a property together can start as a practical or even joyful arrangement. Partners buying a home, family members inheriting property, or friends investing together.…
In Spain, when a case is resolved, the court may order the losing party to pay what are called “costas judiciales” (court costs). These are…
When two parties cannot resolve a dispute privately, the matter may need to go through Civil Court proceedings in Spain. Below we explain, step by…
Did you know that under Spanish property law, it is sometimes possible to become the legal owner of a property without ever signing a deed…
Background At Molina Solicitors, we often assist clients who face difficulties with broken rent-to-buy and property contracts in Spain. Two common situations are: Broken rent-to-buy…
Why Leaving Everything to One Heir Can Be a Costly Mistake in Spain Many parents (and sometimes aunts or uncles) think it is easier to…
Buying property in Spain—whether it’s a holiday home, retirement haven, or investment—can be an exciting step. However, the Spanish property market has its own legal…
Real Case Scenario: Refusal to Sell After Signing the Contract and a deposit dispute An example of what can happen: You’ve signed a private purchase…
How Molina Solicitors Helped a Divorced Couple in the Valencia Community due to a divorce with a joint property ownership transfer in Spain. Client Profile…
Background In early 2025, a retired Irish couple living in Ireland but owning a holiday property in Alicante contacted our law firm. The couple, both…
At Molina Solicitors, we understand that property disputes can be both stressful and complex. We are accustomed to navigating property disputes and property litigation in…
Owning property in Spain is a dream for many, but sometimes restructuring Co-Ownership of Spanish Property for Non-Residents becomes a good idea. Multiple individuals—often family…
In recent years, Spanish courts have ruled that many of the setup costs for mortgage loans should not have been imposed entirely on borrowers. This…
Finding the Right Property What are the key steps in purchasing a resale property in Valencia region,? Start by researching areas that suit your lifestyle…
We specialise in assisting clients with selling property in the Valencia region and also in the Murcia region at Molina Solicitors, ensuring all legal aspects…
New legal requirements for dispute resolution before litigation in Spain have been introduced on the 3rd April 2025. The Ley Orgánica 1/2025 is designed to…
Why do we assist with Criminal Record cancellation in Spain? Because a criminal record can have significant consequences on your personal and professional life. It…
Introduction A monitorio process in Spain is a fast-track unpaid debt claim procedure. It applies when there are clear invoices or evidence). This judicial method…
We are experts in enforcing a dissolution of joint ownership or a change of ownership in Spain. Often this arises as a result of a…
We frequently are asked what are someone’s rights if divorcing in Spain. Unfortunately if one of the parties to a marriage no longer wishes to…
What are the benefits of dissolution of joint ownership in Spain? When relationships end or co-owners no longer wish to share ownership of a property,…
Often we receive enquiries from clients who are property owners and are concerned about a partner living with them gaining possession rights in Spain. This…
A new Inheritance Tax law has been approved by the Valencia Government on the 22nd November 2023. This modifies Law 13/1997, of December 23 in…
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We have had many clients affected by unfair delays in Court processes. Section 292 of the Court and Judges Acts (Ley Organica del Poder Judicial)…
Usucapion or acquisitive possession in Spain is something very few people would know about.
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As in many other countries, living together when not married or as common law partners generally does not give rights to property in Spain or…
We are often asked if a Spanish Will is needed or if clients should only have one Will or Testament covering the UK or Spain.…
Many clients do not realise that we can assist with drawing up of contracts, from a simple contract to something more personalised and complicated. Purchase…
Are you wanting to add a spouse’s name to your deed or escritura in Spain? Very often we get a situation such as this. “We…
We have had several instances where Letters of Administration in Spain have been needed but the most common occurrence is when a overseas testament excludes…
This article covers letters of administration in Spain. It is only applicable for probates where there is no testament in Spain or abroad. Or that…
Clients often approach us with regard to problems forcing a Spanish Bank to comply with obligations. We are all aware that in the past few…
Many clients may receive documentation from another country regarding child maintenance orders or wonder if it is possible to apply for these. This article specifically…
We had a customer, Mrs Smith, contact us to ask about litigation against a Bank. We explained that if it was for a claim for…
We have won many litigation cases against Banks and Insurance companies now, many of them Class Actions. A Class Action or Group Action can be…
There are occasions that a client needs to have a criminal record cancellation in Spain. (If the necessary time for the offence has expired). This…
Selling in Spain We were recently approached by a lady who decided to ask us about selling her property in Spain that she had owned…
Tenants have left? I have a tenant that has left my apartment not giving notice, not returning the keys, and with outstanding bills and rent.…
Ownership and Possession Under Spanish law the right of ownership of a property is divided in two different rights, bare ownership and possession. An example,…
Update July 2021 – This article now no longer applies to urban land, only rural land or property being purchased by non EU citizens. Please…
Sometimes clients are interested in a Rent to Buy option, as opposed to an outright purchase. This may be because they do not have the…
We thought that a case study regarding probate and inheritance may be helpful related to the death of a spouse or a Family Member with…
What happens with Probates and Inheritances in Spain? When someone dies either resident in Spain or non-resident, thinking about probates and inheritances is not a…
What is a Rent to Buy Contract? Rent to Buy contracts are being mentioned a great deal on social media at the moment in Spain.…
In this area of Spain, the Southern part of the Valencia region, we are not often asked when can a timeshare contract be cancelled. But…
There have been new rules on eviction in Spain announced by the government over the Christmas period. These came into force and are applicable from…
Right of First Refusal New Law of June 2020 In June 2020, a new regulation came into force in the region of Valencia (Law 6/2020…
Many clients approach us for a transaction, explain the situation and, of course, wish to know how much the legal expenses – what to expect…
Under Spanish law real estate litigation or claims of debts are a civil matter, normally coming from a breach of contract. We have written on…
There are 2 main types of Court cases in Spain; civil proceedings under Spanish Law. These are “Juicio Verbal” (which is a minor proceeding) and…
Are you looking for conveyancing or buying and selling in Spain? A major recession is coming so buyers and sellers must choose the best legal…
What is Estate Agent responsibility legally when selling houses? Not everyone is aware of this aspect. When Real Estates or Estate Agents assist buyers or…
Many people will be needing help with repossession of their property after this crisis possibly. We are unfortunately entering into a severe economic recession. A…
From time to time, clients ask us about cancellation of a criminal record. There are several reasons why clients may want the cancellation of a…
This article on recovering debts is based on a simple premise. You are owed a debt, the debtor does not want to pay you, and…
Help in paying mortgages has been made available as part of the new economic steps adopted after the the State of Alarm was declared on…
Help for Self-employed and contracted workers has been necessary due to the State of Alarm caused by covid-19 or coronavirus. We are in exceptional times…
Help For Tenants by extending leases of permanent homes Help for tenants is available from April 1, 2020 and for up to two months after…
Can I rent my property out as a holiday let? Can my Community of Owners stop me? If your house belongs to a Community of…
Many people are concerned about breaking legal contracts at the current time. Or not fulfilling obligations under them due to problems relating to the lockdown…
Since the start of the State of Alarm on March 14, 2020, more than 70 administrative legal resolutions have been published. These have modified practically…
Desde el inicio del Estado de Alarma el día 14 de marzo de 2020 se han publicado más de 70 resoluciones administrativas que han modificado…
Many people who are living in Spain or in other countries have a home in Spain and have decided to put it up for rent.…
Covid-19/Coronavirus State of Alarm – Please see Articles under Resources for many articles with help on dismissals, with mortgages and for the self-employed if you…
Many people do not realise how simple it can be in some cases to obtain a divorce in Spain. From July 2015 it became possible…
With regard to legal actions during the State of Alarm, all clients should be advised that in Spain, following the recent Royal Decree, all Courts…
The local Guardia Civil are receiving a lot of questions regarding the return of rental cars in the State of Alarm. If someone has rented…
Understanding employment law and dismissal is very important for any type of business, whatever size. Especially in these current very difficult times. Please see the…
Capital gains tax (CGT) relating to property in Spain can be a complicated subject, especially if it involves two jurisdictions or different countries of residence…
What is a Lasting Power of Attorney? A lasting power of attorney (LPA) in the UK is a legal document that lets a person ‘donor’…
We have seen many clients, who having been arrested for criminal charges, pleaded guilty. Pleading guilty in Spain, please don’t without advice. Some people were…
Stamp Duty reduced by the Supreme Court on changes of ownership following a Supreme Court Ruling Madrid 377/2019 of the 20th March 2019. Changes of…
From time to time, we are approached by clients saying about buying a property in my children’s names? Or partly in their names. But they…
The recognition of foreign judgements in Spain is a process called exequátur. This originates from French law and is a Latin word. It used to…
How does the Court process in Spain work? Many people do not realise that the Court Process in Spain is not the same as in…
Recently on the N332 Guardia Civil website there have been an incredible number of messages regarding car hire fraud from people “scammed” or tricked by…
Early Inheritance or Donation? How to avoid inheritance tax (or in some cases reduce it). We have had a number of people approach us in…
We frequently have clients approach our lawyers here in Punta Prima having only just discovered our firm’s litigation experience . They sometimes feel that all…
Construction problems are generally very stressful and we have the utmost sympathy with those that have them. We have had a number of cases relating…
Many clients are aware that debts are sometimes covered by demand guarantees. Bank guarantees are probably the most familiar type of guarantees. These protect payments…
We recently received an enquiry regarding assistance with an amicable divorce. The couple explained that the split was friendly. They divide the time between them…
Just over a year ago we were approached regarding a dissolution of joint ownership. This is also known as a division of joint tenancy or…
On March 8th, a new Law 8/2018 was approved in Spain. This comes into force on the 12th May 2019. As of this date, all…
Plusvalía tax was affected by an important Supreme Court Judgement at the end of March 2019. There had been an appeal for many years regarding…
We often get enquiries about changing ownership of property. Especially transactions known as division of joint tenancy or dissolution of joint ownership. For example, a…
Gifting property or money during someone’s lifetime is known in Spain as a donation or donacíon. This is an early inheritance. Why would someone do…
There are problems faced when a family member can no longer make decisions for themselves. They are said to “lack mental capacity”. Unfortunately, in some…
There have been new Regulations simplifying circulation of public documents. Citizens living in another country often have to present a document from their own country…
Please see our page on Divorce detailing the circumstances when this procedure can be used. There are really two types of proceedings; amicable and non-amicable.…
Emancipation of minors is a legal mechanism. It is how a minor is freed from control by their parents or guardians. Basically becoming of age…
We understand what our clients are dealing with and we invite readers of our website to get in touch with more specific questions:
Avda. Escorpiones 10
Resid. La Ciñuelica, R3, No 5
03189 Punta Prima
Alicante, Spain
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Calle Blas Valero 57
(Planta baja)
03201, Elche
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Torrevieja +34 965 319 905
Elche +34 674 307 356
amanda@molinasolicitors.com