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Thursday, December 20, 2007
lolaron
Studio
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Can any one give me the answer to this: I am married and we intend to become resident in Spain. We have purchased a house but it is only my name on the escritura.
The house is our only residence. Would we both as individuals be entitled to the allowance of e150,253 each as husband and wife or would only one allowance be given as only my name is on the escritura. We've neen married 36years. My wifes name was accidentley omitted by the developers.
Ron
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26 Dec 2007 4:27 PM
lifeline
Apartamento
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My advice is move fast and get both your names on the property whatever the extra cost! Then make a spanish will and your worries are over! We bought last month in both our names then made wills.
This message was last edited by lifeline on 12/26/2007.
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Daveil
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27 Dec 2007 12:10 PM
lolaron
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Many thanks daveil,I have been in touch with the developer and stated I must have escritura in both names. At first they said it can not be done (my solicitor was useless) i dropped him and stated to the developer I would not be signing for the property and will be instructing another solicitor to handle the purchase. I have just had notification that they are going to see the hacienda and liquidate the sale and start a new sale in both our names. They will not accept liability and say I will have to pay a few hundred euros costs. I will accept this as it will save the cost of employing another solicitor. Alls well that ends well I hope.
Ron
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14 Jan 2008 5:05 PM
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Parcela
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If you were to put the property into both of your names after the signing of the escritura it would effectivly produce a new sale of half of the property which would involved a 7% transfer tax of half the value of the escritura, which will obviously be a costly exercise. The developers are being very kind in allowing the liquidation of the sale and I would take the opportunity while it exists.
Regards,
Robert (spanish lawyer
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14 Jan 2008 6:32 PM
lolaron
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Thanks Robert, The developers (euromarina) have now done this and the escritura will now be signed by both my wife and myself as half owners each. They are not charging me any admin costs so I must admit I am happy the way it turned out. Signing is on 24th Jan with no projected delays so I must praise them when it's due. Ron
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