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Legal Services | Solicitor in Malaga

Getting legal advice when you must face an issue on which you do not handle well the steps and basic concepts to solve them is always wise. So, to avoid being surprised by any details, hire a solicitor or legal services of your choice before immersing yourself in endless consultations.

Property conveyancing

First, it is important to consider the assistance of a solicitor or lawyer to transfer a property or business (change of owner), since it is ideal to count with someone with the knowledge and expertise on the subject to supervise and give advice on every step, even though this is not a complicated process.

In fact, most real estate operations include property conveyancing that protect the interests of the buyer, which include the conditions and guarantees of the transaction. A text that can be somewhat complex and must be addressed by a professional.

Although transfer deeds may vary according to the jurisdictions where they are executed, (if you are in Andalusia it is better to inquire about the situation in that locality with lawyers or solicitors in Malaga), these must essentially state the names of the assignor and the assignee, the cost of the transfer, legal description of the property, and the signature of the assignor in addition to being attested before a notary public.

In the case of a business or company it is even more important to have the help of experts, allowing you to take the first steps with certainty and close the operation as soon as possible, considering the following:

  • Once the interested party discloses their intention to transfer the business, the interested people can request information on licenses, taxes, costs, billing, etc.
  • The price will be negotiated between both parties, a process that will specially require the support of legal services or solicitors, since this is the time to prepare the contract to formalize “the transfer agreement between the parties, and face the payment of the taxes corresponding to the operation.”

You can verify the value of these taxes in the city where the operation takes place.

Property Conveyancing

The property conveyancing is a procedure that consists of buying or selling a property and it will usually be between your solicitor and the solicitor

Wills and Succesion

If you own a property in Spain now is the time to make a Spanish Will, to cover all your assets in Spain. Who needs to make a Spanish Will?

Legalization of properties

If there is no deed that corroborates the legalization of your properties, you must establish your right to ownership.

Residence & NIE

If you are a foreigner and wish to reside in Spain for more than three (3) months, you must get a Foreign Citizen Identification Number or NIE.

Will and Succession

If you wish to leave a property in Spain as inheritance, get acquainted with your solicitor who is the right person to advise you on the set of legal rules that govern this initiative which, in addition, involves other people (heirs) that must meet the conditions to receive the same after the death of who disposes of its inheritance.

  • First, the wishes of the people who, in a timely manner and through a will (legal instrument), dispose of the assets through an inheritance after their death must be respected.
  • The surviving spouse and children (equally) are first on the asset allocation list.

For inheritances in Spain:

  • They pay a tax that must be considered, although it is lower than in the case of donations.
  • Whoever inherits is also responsible “for the debts of the deceased even with their own assets.”
  • Also, the heir must pay the inheritance tax and capital gains tax, as stipulated by the corresponding autonomous community so, we recommend verifying this number with your solicitors in Malaga to know the exact amount.

Inheritance tax

This tax is the result of “the regulation that each autonomous community exerts on a tribute yielded by the State” and, therefore, must be paid according to the norms of each regional government.

Andalusia is one of the autonomous communities where this tax is higher, which has prompted a series of claims by political parties on behalf of taxpayers. These claims have ended in an agreement (between the political parties PSOE- Ciudadanos), in which it is established that this tax is modified from January 1, 2018, conditioned for those who inherit “less than one million Euros;” a limit that will also be considered only for the relatives of groups I and II (spouses, children, grandchildren and parents).

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Solicitor in Malaga: legalization of properties

Legalization of properties

This is another procedure where you should ask the experts, since hiring the legal services of a solicitor will be very important to have in order some documents related to your properties.

If there is no deed that corroborates the legalization of your properties, you must establish your right to ownership by processes known as ownership proceedings or acts of notoriety. It is not a simple process, it involves the claim of the same even in an official bulletin of the province.

It is essential that the property data is duly registered, and everything corresponds to the official archives and Cadastre or land registry, and you will need the services of a solicitor to do so.

You will also need legal support in case you need to solve the situation in which the land is properly registered, but the house is not, and there is no deed. This usually happens when the person who built the house may have tried to avoid paying taxes and other expenses.

Another case is when the work or property had been registered as a store or remaining piece of a house; if this happens, your lawyer should try to register the house for the first time.

Thus, if the house “is not declared in the property register, or in the rest of official records as a cadastre, someone must confirm to these public institutions how old the home is and how big it is.” In some Spanish territories it is necessary for “the property to be inspected by a specialist who confirms the approximate age of the house.”

These are just some verifications where you need the assistance of your solicitors, since the same must vary by region due to the different requirements. It is precisely in these cases when it would be wise to seek advice from solicitors in Malaga.

Solicitor in Malaga: residence and nie

Residence & NIE

If you are a foreigner and wish to reside in Spain for more than three (3) months, you must get a Foreign Citizen Identification Number or NIE. This document is very important if you are going to work in a Spanish company, study or accompany a family member in the country.

It is feasible that you may not need the assistance of a lawyer to obtain the same, being already in the country or even overseas, but perhaps you will need the guidance of a specialist in legal services to obtain the residence in Spain, to introduce the petition and manage the different scenarios to remain legally in Spanish territory before the relevant body.

These are the requirements of some forms of residence, which you can use to evaluate options with your lawyer:

  • Temporary residence: It is non-permanent, with a duration of more than three (3) months and less than five (5) years).