The following looks at the steps that must be followed in the event of the death of a family member who owns property or has interests in Spain.
PERIOD OF TIME:
The first thing to bear in mind is that bureaucratic procedures must be completed within six months of death. Where there is a delay, an extension of a further six can be requested in writing from the tax authorities. Failure to complete the procedures in the legal time periods will result in surcharges and penalties.
In this article we analyse the situation of people from countries which are not EU member states, and who move to Spain to reside on a temporary or permanent basis. We also give a simple overview of the basic procedures to be able to reside in Spain.
Living in Spain for a period of not more than 90 days is known as estancia (a visit) and when the period is over 90 days it is called residencia (residence).
Residence can be of short or long duration. In order to acquire legal residence certain criteria must be complied with and administrative authorizations obtained, and for these you will need a passport or identity-accrediting travel document, VISA or ID card, as applicable.
Quite often we get enquiries from someone who has bought a second home in Spain with their partner, friends or family, and who for various reasons cannot or does not want to continue with their co-ownership.
Spain’s legal system offers a judicial solution for those cases where one of the co-owners refuses to sell given that no-one is obliged to continue in joint ownership: the wish of one co-owner to sell obliges the fellow owners to sell as well.
Here we look at two solutions to this problem. Continue reading “DISSOLUTION OF JOINT OWNERSHIP”
The right of entry and departure, free circulation, stay, residence, permanent residence and work in Spain for citizens of other EU nation states, and those states which are part of the European Economic Area, is regulated by Law Real Decreto 240/2007, of 16 February modified by Real Decreto 987/2015, of 30 October.
These rights apply to all members of your family regardless of their nationality if any of the following circumstances apply to them at the moment of application: