Legal and Lawyers · Spain

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Legal Advice
Property Buying and selling property in Spain will most certainly involve different procedures than you are accustomed to in your home country. However, you can make this a smooth experience by learning as much as possible about how these processes work here, and then selecting reliable professionals to walk you through each step involved. When investing in Spanish property, you should simultaneously be thinking about drawing up a Spanish version of your will and consulting an expert regarding the possible inheritance taxes and other financial implications your purchase could generate. Finally, if you are thinking of renting out your property, take care to learn about contractual requirements.

Rental Contracts
There are two types of rentals in Spain: short term and long term. Short term rentals are basically designed for holiday makers and come with contracts headed by the phrase "Por Temporada", which translates literally as "seasonal". Long term rentals contracts are headed by the word "Vivienda", which means "home" or "residence" and are designed for those planning to stay long term in this country. As a potential tenant, it is important that you understand the difference between the two types of rental properties and their contracts as your rights differ in each case. For eg, if you are planning to stay in Spain for a few years at least, and you sign a short term contract for nine months, you might find yourself looking for a new home when the contract ends. However, if, knowing that you intend to stay here for some time, you sign a "Vivienda" contract, you will automatically have the right to renew for five consecutive years. During this time, rent can only be raised to accommodate inflation. You might be asked to make a deposit when you rent, and this is in keeping with Spanish law, which permits the landlord to ask for one month's rent for unfurnished quarters and two months' for business space and furnished homes. To protect yourself you should ask that the deposit be held by a neutral third party such as an agency or a government office called the "Consejería de la Vivienda" (Málaga telephone: 951 038 355). If you hold a long term rental contract and feel that you are not being treated fairly, visit the nearest municipal consumers' office (OMIC - Oficina Municipal de Información del Consumidor). Here you should be able to present your case to someone knowledgeable in consumer affairs and obtain advice. Personnel at these offices can also help you to take complaints through the appropriate channels. To help them help you, bring your rental contract with you and any receipts or other documents that could be of use. Malaga Province Consumers' Office 95 258 29 11.

Your Spanish Will
You should make a Spanish will to dispose of your Spanish assets to avoid time consuming legal problems for your heirs. To make a Spanish version of your will, it is a good idea to consult a Spanish lawyer as he or she can advise you regarding this country's strict rules applying to inheritance. Spaniards are subjected to laws governing compulsory heirs. They have to leave one third to be divided equally among their children, another third is to be left to their children in any division, the last third can be divided as seen fit. A Notary, however, is willing (Article 9 of Spanish Civil Code) to register a foreigner's will in accordance with the law of his nationality. However, some national laws, England for example, state clearly that foreign (Spanish) assets should be disposed under the law of where the assets are located. In practice this is not a problem and foreign residents can dispose of their assets as they see fit. If you believe your Will might be challenged by your children seek further legal advise and consider transferring the titles before your death. The process of making a will involves spending time with your Lawyer who will write up the document and have it notarised before it is registered in a central will registry in Madrid. This entire process costs well under 200 euros in the case of a simple, straight forward estate. If you have assets in more than one Country, consider having wills in each country to avoid complicated translations, certifications and procedures for your family after your death. You can also make a secret will and have it's envelope sealed and notarised. These also can be registered in Madrid. Should someone in your family die without, to your knowledge, leaving a will, you can check with the "Registro Central de Última Voluntad" - or Will registry - in Madrid to see if there is a registration number which could lead you to the notary office where it would be on file. Handwritten wills are not advisable as they must be certified as authentic before they can be executed.

Lawyer Invespain - www.invespain.com. For all your legal requirements in Spain Independently of the physical location, we are prepared to serve wherever the client needs it. The office maintains an ample network of international contacts with other offices, without commitments of exclusive right, to the effects to facilitate to our clients those international collaborations that more are adapted in each case and that they respond to a deep knowledge of the local reality at any moment.