Category: Legal

Disputes over Jointly Owned Property Made Easier – Contested Dissolution of Joint Ownership in Spain

Disputes over Jointly Owned Property Made Easier – Contested Dissolution of Joint Ownership in Spain

Disputes over jointly owned property has been made easier in Spain as a result of a law change. Joint ownership of a property — whether…

Understanding “Comodato” in Spain: When a Free Use Agreement Comes to an End

Understanding “Comodato” in Spain: When a Free Use Agreement Comes to an End

Posted in: Civil Law, Legal

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.…

Obligations of Property Owners in Spain

Obligations of Property Owners in Spain

Posted in: Legal

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…

When Joint Ownership Becomes a Burden: Why It’s Time to Consider a Dissolution of Joint Ownership

When Joint Ownership Becomes a Burden: Why It’s Time to Consider a Dissolution of Joint Ownership

Posted in: Deeds Issues, Legal

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.…

Court Fees and Legal Costs in Spain

Court Fees and Legal Costs in Spain

Posted in: Civil Law, Legal

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…

Understanding Civil Court Proceedings in Spain

Understanding Civil Court Proceedings in Spain

Posted in: Civil Law, Legal

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…

Acquiring Property Ownership in Spain After 30 Years – Usucapión

Acquiring Property Ownership in Spain After 30 Years – Usucapión

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…

Case Study: Helping Clients with Broken Rent-to-Buy and Purchase Contracts

Case Study: Helping Clients with Broken Rent-to-Buy and Purchase Contracts

Posted in: Case studies, Legal

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…

What to Do—and What to Avoid—When Buying Property in Spain

What to Do—and What to Avoid—When Buying Property in Spain

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…

Navigating Property Disputes in Spain

Navigating Property Disputes in Spain

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…

Restructuring Co-Ownership of Spanish Property for Non-Residents

Restructuring Co-Ownership of Spanish Property for Non-Residents

Posted in: Deeds Issues, Legal

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…

Claiming Set Up Costs for Mortgage Expenses in Spain

Claiming Set Up Costs for Mortgage Expenses in Spain

Posted in: Deeds Issues, Legal

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…

Key Steps in Purchasing a Resale Property in the Valencia Region

Key Steps in Purchasing a Resale Property in the Valencia Region

Posted in: Legal

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…

Selling Property in the Valencia Region: A Comprehensive Guide

Selling Property in the Valencia Region: A Comprehensive Guide

Posted in: Legal

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…

Criminal Record Cancellation in Spain

Criminal Record Cancellation in Spain

Posted in: Criminal Law, Legal

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…

Understanding a Monitorio process in Spain or a Fast Track Unpaid Debt Claim

Understanding a Monitorio process in Spain or a Fast Track Unpaid Debt Claim

Posted in: Legal

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…

Enforcing a Dissolution of Joint Ownership Through the Spanish Courts

Enforcing a Dissolution of Joint Ownership Through the Spanish Courts

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…

A Partner Gaining Possession Rights in Spain

A Partner Gaining Possession Rights in Spain

Posted in: Civil Law, Family Law, Legal

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…

Unfair Delays in Court Processes

Unfair Delays in Court Processes

Posted in: Legal

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)…

Letters of Administration in Spain

Letters of Administration in Spain

Posted in: Family Law, Legal

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…

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…

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…

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…

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…

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…

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…

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…