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José M.
José M., Attorney
Category: European Law
Satisfied Customers: 5686
Experience:  Spanish Attorney
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We own a house in Spain. It is in both our names. I am resident

Customer Question

We own a house in Spain. It is in both our names. I am resident but my husband isnt as he goes to sea. What would happen if he were to pass away re the house?
Submitted: 3 years ago.
Category: European Law
Expert:  TKenney, Ph.D. LawyerAvocat replied 3 years ago.

TKenney, Ph.D. LawyerAvoc :

Hello, In Spanish law If the deceased leaves a spouse but no children, the surviving spouse becomes sole heir in the absence of descendants and ascendants of the deceased. Your husband is not a resident of Spain, therefore his estate will not be governed by the laws of Spain but by the laws of the country of residence at his death. If he is always at sea, then his estate will be governed by the laws of the country of his nationality. In accordance to international law on estate, real estate property is governed by the succession/estate laws of the country where the real estate property is located. Therefore, your house in Spain will be governed by the laws of Spain at the death of your husband, which means that it will go to you (and any children of the deceased).

JACUSTOMER-3b2xpag9- :

What are the taxes involved and if there are any do they have to be paid immediately or can the house be sold!

Expert:  José M. replied 3 years ago.


I am an spanish attorney

I agree with my collage, of course.

Taxes are to be paid in two places

Plusvalia in the City hall. 6 months after the death of the person

Transmission tax, in the comunidad autonoma

Both of them are compulsory to be paid

There is no way to avoid to pay

Some comunidades autonomas have high discounts in taxes when the transmission is to relatives

If you tell me where, in Spain, the propiety is I could tell you how much its the tax

Thank you

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