Posted in: Case studies
How Molina Solicitors Helped a Divorced Couple in the Valencia Community due to a divorce with a joint property ownership transfer in Spain.
A British couple, non-residents of Spain, jointly owned a holiday home in Alicante. They had finalised their divorce in the UK and required legal assistance to transfer full ownership of the Spanish property to one spouse.
At Molina Solicitors, we regularly assist clients who have divorced outside of Spain but still hold jointly owned property here. The divorce decree does not automatically update property ownership on Spanish land records and the shares have to be transferred into the party’s name at the Notary and Land Registry..
Our clients needed to carry out a dissolution of joint property ownership (extinción de condominio)—a legal process in Spain that allows for the transfer of shared property into the name of a single owner.
Apply the terms of the UK divorce to the Spanish property.
Dissolve the joint ownership and transfer title to one party.
Complete the process without the clients needing to travel to Spain.
Minimise taxes and ensure compliance with regional law in the Valencia Community.
1. Recognition of the Foreign Divorce Agreement
We reviewed the UK divorce settlement and ensured it could be applied under Spanish property law.
2. Drafting the Dissolution Deed
We prepared the public deed (escritura pública) for signing before a Spanish notary, allowing one spouse to transfer their 50% share to the other.
3. Tax Optimisation
The transaction was structured as a dissolution of co-ownership, not a sale. This meant only Stamp Duty (AJD) at 1.5% was payable—significantly less than the usual property transfer tax.
4. Remote Execution via Power of Attorney
As non-residents, our clients appointed us via Power of Attorney, enabling us to handle the entire process on their behalf—no travel required.
5. Land Registry & Cadastro Updates
We completed registration with the Land Registry and Catastro, ensuring all records reflected the new sole ownership and advising on future obligations such as local property tax (IBI) and capital gains.
Divorce terms legally enforced in Spain.
Full ownership transferred smoothly and tax-efficiently.
No need for the clients to travel to Spain.
All property records updated.
No capital gains tax paid.
Many of our international clients face this exact situation. If you’ve divorced abroad and still own property in Spain with your former spouse, Molina Solicitors can help you dissolve the joint ownership, protect your rights, and avoid unnecessary costs.