Selling property of deceased person

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16 Jun 2015 11:16 by amogles Star rating in El Campello (holiday.... 170 posts Send private message

Long story, but just a question. If a property is jointly owned by a married couple, and the husband dies, can the widow sell the property before the will is executed? They were already planning to sell the property before he died and possibly the pre-contract was already set up (I don't know). I would have thought his death would have delayed the process but it didn't. I'm confused.

The couple have several adult children. Surely they should be co-owners following the death of their father, but they did not sign the nota simple. Why was this not necessary? 





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16 Jun 2015 11:40 by camposol Star rating in Camposol. 1411 posts Send private message

Inheritance tax must be paid before the house can be sold.

if the husband dies, the wife has to accept the inheritance and pay the tax, then she will have to have the house put in her name before selling it.

if they were in the process of selling it, but had not completed, then the selling process is  surely aborted?

 


This message was last edited by camposol on 16/06/2015.



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16 Jun 2015 11:45 by amogles Star rating in El Campello (holiday.... 170 posts Send private message

Sorry, I forgot one important peice of information.

They are not selling the outright ownership but selling the usofructo.

The buyer of the usofructo is the person already owning the property.

I don't know if this makes a difference.





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16 Jun 2015 12:13 by camposol Star rating in Camposol. 1411 posts Send private message

Maria de Castro will know .....





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22 Jun 2015 12:59 by mariadecastro Star rating in Algeciras (Cadiz). 9300 posts Send private message

Legal Questions? Speak to Maria Direct

Amogles:

Answers to your post below in bold green:

Long story, but just a question. If a property is jointly owned by a married couple, and the husband dies, can the widow sell the property before the will is executed? She can sell it by private contract but cannot make the deal a public one with full effects before third parties at the Land Registry. They were already planning to sell the property before he died and possibly the pre-contract was already set up (I don't know). I would have thought his death would have delayed the process but it didn't. I'm confused.

The couple have several adult children. Surely they should be co-owners following the death of their father, but they did not sign the nota simple. Why was this not necessary?

Nota simple is a Land Registry information note. I thiknk you meant escritura ( Notary deeds). In answer to your question: if Spanish Law applies to this deceased person, these children are forced heirs and they can claim their inheritance portion.

http://www.eyeonspain.com/blogs/costaluz/6791/legal-tip-723-free-guide-on-inheritance-law-and-wills-for-dummies.aspx



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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