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The latest local news and legal information

CASE STUDY – Litigation – Banks and Insurance Companies

CASE STUDY – Litigation – Banks and Insurance Companies

Posted in: Case studies

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…

Litigation – Banks and Insurance Companies

Litigation – Banks and Insurance Companies

Posted in: Legal

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…

Criminal Record Cancellation – Case Study

Criminal Record Cancellation – Case Study

Posted in: Case studies

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…

Case Study – Selling in Spain

Case Study – Selling in Spain

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…

Case Study – Questions Regarding Problem Tenants

Case Study – Questions Regarding Problem Tenants

Posted in: Case studies

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.…

Case Study – Ownership and Right to Use a Property (usufruct)

Case Study – Ownership and Right to Use a Property (usufruct)

Posted in: Case studies

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,…

Military Certificates or Authorisations

Military Certificates or Authorisations

Posted in: Legal

Update July 2021 – This article now no longer applies to urban land, only rural land or property being purchased by non EU citizens. Please…

Rent to Buy Purchase

Rent to Buy Purchase

Posted in: Case studies, Legal

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…

Probate and Inheritance -Death of a Spouse or Family Member with Assets in Spain?

Probate and Inheritance -Death of a Spouse or Family Member with Assets in Spain?

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…

Probates and Inheritances in Spain

Probates and Inheritances in Spain

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…

Rent To Buy Contract – Is it Worth Considering?

Rent To Buy Contract – Is it Worth Considering?

Posted in: Deeds Issues, Legal

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.…

When Can a Timeshare Contract Be Cancelled?

When Can a Timeshare Contract Be Cancelled?

Posted in: Legal

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…

New Rules on Evictions in Spain

New Rules on Evictions in Spain

Posted in: Legal

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…

Derecho De Tanteo y Retracto (Right of First Refusal and Withdrawal)

Derecho De Tanteo y Retracto (Right of First Refusal and Withdrawal)

Posted in: Legal

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…

Legal Expenses – What to Expect

Legal Expenses – What to Expect

Posted in: Legal

Many clients approach us for a transaction, explain the situation and, of course, wish to know how much the legal expenses – what to expect…

Real Estate Litigation or Claims of Debts – Criminal Action

Real Estate Litigation or Claims of Debts – Criminal Action

Posted in: Criminal Law, Legal

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…

Court Cases in Spain – Civil proceedings

Court Cases in Spain – Civil proceedings

Posted in: Civil Law

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…

Conveyancing or Buying and Selling in Spain

Conveyancing or Buying and Selling in Spain

Posted in: Civil Law

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…

Estate Agent Responsibility

Estate Agent Responsibility

Posted in: Civil Law

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…

Help With Repossession

Help With Repossession

Posted in: Civil Law

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…

Cancellation of a Criminal Record

Cancellation of a Criminal Record

Posted in: Criminal Law

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…

Recovering debts in Spain

Recovering debts in Spain

Posted in: Civil Law

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 – State of Alarm

Help in Paying Mortgages – State of Alarm

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 (Autónomos) – State of Alarm

Help For Self-Employed (Autónomos) – State of Alarm

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 in Spain – State of Alarm

Help for Tenants in Spain – State of Alarm

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…

Holiday Lets and Communities of Owners

Holiday Lets and Communities of Owners

Posted in: Administrative Law

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…

Breaking Legal Contracts – State of Alarm

Breaking Legal Contracts – State of Alarm

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…

Information for Dismissals for Employers – Ley 9/2020 of 27th March

Information for Dismissals for Employers – Ley 9/2020 of 27th March

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…

Law on Long Term Rentals

Law on Long Term Rentals

Posted in: Civil Law

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. How we can help.

COVID-19 / Coronavirus State of Alarm. How we can help.

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…

Notary Divorce in Spain

Notary Divorce in Spain

Posted in: Family Law

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…

Legal Actions During State of Alarm

Legal Actions During State of Alarm

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…

Case Study – Returning Rental Cars in State of Alarm

Case Study – Returning Rental Cars in State of Alarm

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…

Employment Law and Dismissal

Employment Law and Dismissal

Posted in: Employment Law

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 Relating to Property in Spain

Capital Gains Tax Relating to Property in Spain

Posted in: Administrative Law

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…

Lasting Power of Attorney

Lasting Power of Attorney

Posted in: Civil Law, Family Law

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’…

Pleading Guilty in Spain – Don’t ! (Without Advice)

Pleading Guilty in Spain – Don’t ! (Without Advice)

Posted in: Criminal Law

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 Supreme Court

Stamp Duty Reduced by Supreme Court

Posted in: Administrative Law

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…

Buying A Property in My Children’s Names (Minors)

Buying A Property in My Children’s Names (Minors)

Posted in: Legal

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…

Recognition of Foreign Judgements

Recognition of Foreign Judgements

Posted in: Legal

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…

Court Process in Spain

Court Process in Spain

Posted in: Civil Law, Legal

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…

Car Hire Fraud/Scams

Car Hire Fraud/Scams

Posted in: Legal

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…

How to Avoid Inheritance Tax (Donation)

How to Avoid Inheritance Tax (Donation)

Posted in: Family Law

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…

Is Your Possible Legal Case Expiring?

Is Your Possible Legal Case Expiring?

Posted in: Civil Law

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

Construction Problems

Posted in: Civil Law

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…

Demand Guarantees

Demand Guarantees

Posted in: Civil Law, Legal

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…

Case Study – Amicable Divorce

Case Study – Amicable Divorce

Posted in: Case studies

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…

Dissolution of Joint Ownership

Dissolution of Joint Ownership

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…

Employees’ Hours must now be Recorded in Spain

Employees’ Hours must now be Recorded in Spain

Posted in: Legal

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 (Municipal Tax)

Plusvalía tax (Municipal Tax)

Posted in: Administrative Law

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…

Division of Joint Tenancy

Division of Joint Tenancy

Posted in: Deeds Issues

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 a Property – Donation

Gifting a Property – Donation

Posted in: Case studies, Family Law

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…

Mental Incapacity

Mental Incapacity

Posted in: Case studies, Family Law

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…

Regulations Simplifying Circulation of Public Documents

Regulations Simplifying Circulation of Public Documents

Posted in: Legal

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…

Divorce in the Courts

Divorce in the Courts

Posted in: Family Law

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

Emancipation of Minors

Posted in: Family Law

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…