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 client approached us advising “I am presently in the middle of a divorce. We are currently sorting out the financial side of things. We have an apartment in Punta Prima, near Torrevieja in Spain. The property is in joint names but will be signed over to me on completion of the divorce. Please could you give me some idea of what is involved in that division of joint ownership & what fees & taxes we will have to pay. “

Method of Division of Joint Tenancy and Costs

We explained that there is a method called division of joint tenancy or dissolution of joint ownership to deal with the transfer. With this the property is only subject to payment of Stamp Duty in Spain. The rate of stamp duty as at February 2021 is 1.5% in the Valencia region. This is paid on the value of the outgoing share. This is usually paid by the co-owner keeping the property but depends what you agree. This is much cheaper than the normal 10% buying tax in the Valencia region and 3% being possibly withheld for non residents.

Besides the cost of Stamp Duty; if there is a mortgage the Bank has to agree, and they will have their fees for re-arranging the mortgage, which they advise directly. You would need to supply the Bank with all the paperwork they require. You would have to pay notary fees, land registry fees, stamp duty, and legal fees, as well as the banks fees. We can also advise other options for going forward if there is a mortgage.

We can advise the fees for making the change of the deed at the Notary as a dissolution of joint property ownership if clients scan and send us the deeds of the property, and the local council tax bill for last year (SUMA in our area).


The process might take about a month or perhaps a bit longer. Really it depends whether all the information is readily available. Also if the clients are coming to Spain to sign at the Notary. Alternatively we can prepare and send powers of attorney to other countries such as the UK. This is more usual and is nothing to be concerned about, but takes a while as after doing powers of attorney (either together or separately), they need to go to a Foreign Office for a Hague Apostille.

We can also help with changing names on the bills and look after clients going forward.

Anyone interested should scan and email the deeds and the most recent SUMA/IBI council tax bill with catastral value then we can calculate costs. We will also need passport copies and NIES but not straightaway.

Please if you are interested in changing the ownership of your property on the deeds due to any reason contact us to discuss the costs and process.