Practical, tax-efficient support for transferring Spanish property during your lifetime Owning property in Spain can create legal and practical challenges when personal circumstances change. Whether you’re considering gifting Spanish property to family, buying out a co-owner, restructuring ownership, or transferring shares following a relationship breakdown, each transaction must be handled in a way that’s legally valid and tax-efficient in Spain – while avoiding unintended consequences in the UK. Our Anglo-Spanish team provides end-to-end support for lifetime transfers of Spanish property, helping you achieve smooth, compliant transfers without unnecessary travel, delays, or exposure to double taxation. How can Morr & Co help with lifetime transfers of Spanish property? We support a wide range of lifetime property transfers, tailored to your circumstances: Buyouts between co-owners We manage the legal process, tax calculations and formal transfer to ensure clean, documented ownership. Including formal dissolutions of co-ownership (Extinción de Condominio) – often needed where family members, friends, or former partners jointly own Spanish property and one party wishes to acquire the other’s share. Transfers following divorce or separation When UK divorce or separation proceedings require one party to transfer their interest in Spanish property to the other, the Spanish legal and tax system must be properly engaged. Whether with your already appointed UK professionals, or with Morr & Co’s specialist family law team, we coordinate closely with UK family lawyers to ensure the Spanish transfer reflects the agreement or court order accurately and is implemented efficiently. Sales of Spanish property We manage the sale process for non-resident owners from start to finish – liaising with Spanish notaries, handling tax filings and calculations (including the 3% retention requirement for non-resident sellers) and ensuring property registration is updated correctly at the Spanish Land Registry. Gift transfers (Escrituras de Donación) Gifting Spanish property can trigger significant tax liabilities and in most situations it’s more effective to plan for inheritance instead. However, in a smaller number of cases – typically involving higher-value estates – gifting can offer substantial net tax savings. We assess whether gifting makes sense in your circumstances with full consideration of both Spanish Gift Tax (ISD) and any Capital Gains Tax and Inheritance Tax implications in both countries and, where appropriate, arrange the Escritura de Donación. Get in touch Why early advice matters Many clients find that the real cost of a Spanish property transfer lies not in professional fees, but in the lost time and uncertainty before proper Anglo-Spanish advice is taken. It’s common to see co-owners or family members go round in circles for months, unclear on the correct route, unsure how to apportion costs or tax liabilities, or caught in a stand-off where relations have become strained. In most cases involving co-owners, family members, friends and sometimes even divorcing couples sharing common objectives, we can be appointed as a single, trusted Anglo-Spanish adviser. This approach often breaks the deadlock. With one coordinated roadmap, clear allocation of costs and agreed timescales, the transaction moves forward with confidence, saving time, reducing stress and creating efficiency without compromising compliance or impartiality. Get in touch with our Spanish property and inheritance lawyers If you’re planning to transfer, gift, or restructure ownership of Spanish property, contact our Spanish Property and Inheritance team. We’ll outline the best approach, provide a clear cost estimate and coordinate the entire process with your input and any professional advisers involved. Contact us Contact Dennis Phillips Partner Private Client 020 8971 1050 Message On this page Contact our Spanish Probate team Get in touch
