Property Abogados en Calpe

Harvey Lawyers

Abogados en Calpe: Property Lawyers

We are experienced and reliable Abogados servicing Calpe here to assist you with your conveyancing needs.

What you need to know about property conveyancing in Calpe Spain.

Thinking of purchasing or selling your property in Calpe? In the following text, we will outline the main processes you should be aware of and how our expertise will set your mind at rest.

Although it is not mandatory to consult with a property abogado when processing the sale or purchase of property here in Calpe, it is highly recommended. You should work with a team that has a wealth of experience in conveyancing, that can anticipate any issues in advance, save you time and money and guide you professionally through the whole process.

Purchasing a property

Sourcing land or property

Property Sales

Future expenses and taxes

Finding A Property

Do your research.

Situated in the European continent on the Iberian Peninsular, Calpe offers a plethora of reasons why you would want to live here. From its beautiful beaches and woodlands, the culture, delicious foods and not to mention the 300+ days of clear skies per year, it is clearly apparent why many see Calpe as their home away from home.

The Spansh eat some of the healthiest foods in the world contributing to one of the best countries to live in for increased life expectancy and quality of life additionally it boasts one of the best-rated health care systems in the world.

We advise before deciding on a property you familiarise yourselves with the surrounding areas in the region of Spain you like. Each town will have its pros and cons and the types of properties available may differ in certain areas. For example, in the local towns known as ‘pueblos’, you can expect to find many ‘townhouses’ including 4/5 levels that ‘yes’, are close to all the amenities of the town but have little outside spaces if that is your preference. Some villas with great views of the landscapes and flat land such as ‘campo’ properties may have restrictions if the land is classed as rural over urban. This can hinder future plans of extending the property or say adding a swimming pool.

By working with our specialist conveyancing team we will engage with all parties involved in the process including the vendor or construction developers and making sure they are legitimate of course. We cover all the bases and check that all legal requirements are in place, that there are no outstanding debts on the property and that there are no restrictions on the land that could hinder your intentions to develop said land if needed. We guarantee you peace of mind and will ensure your property purchase is fully legal with no hidden issues.

Purchasing Process

Stage 1

Negotiate & investigate.

So you’ve found your dream property but what next? First comes the negotiations with the seller. Once a price is agreed our initial responsibilities include making several enquiries such as; who is the legal owner of the property, are there any outstanding debts, is the property built lawfully and are there future ongoing liabilities for you to cover? This all happens before any deposits/monies are transferred.

This process usually takes a day or two but in reality would depend on the cooperation of the sellers, or even town hall representatives if additional paperwork is needed. If the property or plot is on rural land then this process can take much longer as there will be more documents needed to assist in the planning legality of the property.

Stage 2

Your private agreement.

The next stage is to discuss our findings with you and determine if you wish to proceed with the property being aware of any related issues. If you agree you will be required to deposit 10% of the purchase price and this is classed as entering into a private agreement with the seller. This private agreement is formalised with certain documents you may have heard of such as ‘Contrato de Arras’, ‘Opción de Compra’, ‘Documento de Reserva’, ‘Promesa de Compraventa’, etc. These documents contain all the conditions you will need to fulfil, the signature deadline, expenses and taxes and consequences of withdrawal which would be loss of your deposit or if the seller withdrawals they will pay you twice back the money you paid.

Stage 3

Completion.

Within the private agreement documents, it will be stated what your completion date is. All the necessary documents will be prepared and must then be signed in front of a Notary on the completion date. All parties should attend or a dedicated representative at least, and herein funds will be transferred over to the seller and keys given to the new owners. The Completion date is usually two months from the date of signing the agreement and paying the deposit. Within the following weeks, the processing of your ‘purchase tax’ and the legal registration of the said property into your name will occur.

All parties wishing to purchase or sell property in Calpe will need to apply for an NIE number which is your fiscal (tax) number for non-residents. If for whatever reason you cannot be present at the purchase or sale of the property, we will need to apply for your NIE number along with Power Of Attorney. This step can be completed within Calpe, Spain, or your own country which will require documents to be signed at your local notary.

In addition to the guidelines above, the comprehensive list of services we provide include as abogados serving Calpe:

NIE Application

Land Registry Search

Spanish Accounts

Legal Study of Property

Request a Simple Note

Request Catastral Certification

Request Urban Non-Infringement Certificate

Calculate tax payable on a property

Prepare Reservation Contact

Prepare Private Sale Contact

Calculate Capital Gains Tax

Prepare Notary Appointment

Frequently asked questions.

Question 1

The estate agent has requested I pay some deposit in black money, what is that?

Black money was something that occurred in the past and avoided tax for both parties which is illegal. Also if bringing in money to Calpe, Spain you must comply with ‘capital movements’. As an example, if you are wanting to bring more than the allowed 10,000 € into Spain but don’t declare it to customs, you will not be able to justify this money within the deed of sale.

Question 2

What expenses can I expect to pay after I have purchased my property in Calpe?

There are several expenses for your home that are needed to be paid for after your purchase:

Property Tax, also known as IBI which is a yearly payment.
IRNR, which is the tax for non-residents income.
Basuras Tax, which is for the collection of your bins and rubbish, which can be paid yearly.
The 3 main standard supplies or: Electricity, Water & Gas.
If there is a mortgage tied to the property this will also include Home Insurance.
It is also recommended that you have a life insurance policy attached to the mortgage.

Question 3

Do I need a 'Will' when living in Calpe and need to update my other one?

Yes, it is recommended that once you have purchased in Calpe you formalise a ‘Will’. The ‘Will’ follows European Inheritance laws and will be created in two languages, Spanish and English which will; like your property purchase documents, need to be signed for in front of a Notary, either here in Calpe or your current domicile. If you create a ‘Will’ for your heirs the passage of assets to your beneficiaries is much smoother, costs you less money (as heritage taxes are less) and will cause a lot less distress for those involved. If there is no ‘Will’ there is a risk that you could lose assets to the Spanish Government.

Golden Visas

What exactly is a Golden Visa?

The Golden Visa is a very attractive opportunity for those foreigners or non-citizens of a member state (EU) to invest in Calpe, Spain. It is a process b which you can be granted a residential visa if you are looking to make a significant investment in the economy of Spain. In short, after your investment, you and your family are granted access to the Schengen Zone, allowing the passage around member states of the EU without needing to apply for visas. Usually, this investment comes in the form of property purchase, but it should also be noted that it is possible for the visa to be granted for those that are looking to invest within a Spanish Company.

Who can apply and what is the criteria?

An investment in Real Estate of over 500,000€, in one or several properties.

An investment in business projects. There is no minimum investment but the value is placed on; the creation of new jobs, the socioeconomic impact of local development, contributions to technology or scientific innovations.

Investments into Financial Assets; Public Debt (€ 2 million), Shares in companies with Spanish capital (€ 1 million), Investment funds, closed-end investment funds or venture capital funds established in Calpe, Spain (€ 1 million), Bank deposits in Spanish financial institutions (€ 1 million).

What are the benefits?

Freedom of movement within Europe of countries that have signed the Schengen Agreement.

The Agreement allows you and your family to work and reside in Calpe, Spain.

The initial duration of residence is 2 years and thereafter the visa lasts for 1 year.

There is no requirement to reside 183 days in Calpe, Spain for its renewal.

Contact

Contact Us

Please feel free to leave your details in the message box below and one of our team will be in touch.

by harvey

Divorce Abogados Calpe

Harvey Lawyers Abogados Calpe

If you are unfortunate enough to be involved in a marital dispute, contemplating a divorce and live in Calpe, Spain, we have a wealth of experience and would be privileged to assist should you decide to take matters further.

Procedure

Separation

Uncontested or Contested

International Divorce

Separation of assets

Civil Partnerships

Child Custody

Here's a taste of what's involved in divorce law.

The uncertainty of a divorce and what may result is stressful and emotional to you and your siblings. We are here to put your mind at rest by explaining and handholding throughout the process, to take the reigns on your divorce application with the expertise that is needed to get the resolution you desire. We are experienced and reliable lawyers that will reduce your anxiety and help you make the best choices possible.

What you must comply with to proceed with a divorce in Calpe, Spain.

How can Divorce abogados Calpe help?

Under Spanish divorce law, no reason is needed to request a divorce, only that one of the parties files a petition. There are two petitions you can request, one for Separation or the second for Divorce. The petitions are very similar in practice, although if you intend to remarry you can only do so after also processing the divorce petition. However, to process a divorce order you do not need the separation proceedings first.

With both options, you have the ability to reach an agreement outside of the courts, being signed before a judge, or process the full agreement in the courts.

If you can satisfy one of these initial requirements only then will you be able to proceed with your divorce:

That either party is a Spanish resident.

That either party is a Spanish national.

You are a Spanish national living in Spain as the plaintiff.

You are a Spanish resident as the defendant.

Divorce options and how to proceed?

Contested or Uncontested?

Type 1

Uncontested Divorce

Within the scope of seeking a divorce by one party, there is of course the uncontested and contestation of your application to consider. By far the most amicable option is where both parties agree to the dissolution of marriage. Both parties must present the ‘convenio regulator’, governing convention, marriage certificate and always certificates of children involved. The couple must have been married for at least three months, but it is not necessary that they have participated in any form of separation. The necessary three month period may be ignored when there is a proven danger to the life of the petitioner. The decision lies with the judge who usually approves the governing convention providing there are no other issues and thus the process can take as little as 3/4 weeks.

The contract of the agreement covers the following:

Cohabitation and custody arrangements for any children, including visitation rights.

Child maintenance payments.

Any compensation allowance that can be made by one of the spouses in favour of the other spouse.

The use of the family dwelling.

The manner, if any, in which the spouses continue to contribute to family expenses.

Type 2

Contested Divorce

In this case, the divorce petition is filed by only one of the parties to the marriage, sometimes known as a contentious divorce, and the court procedure is long and somewhat complex. If the parties fail to agree on the governing convention, it may require negotiation and communication between lawyers and the production of third party evidence. Depending on the circumstances, before starting the divorce procedure, provisional measures may be set up in order to make property settlement, child custody, spousal support and alimony arrangements. The marriage certificate and the birth certificates of the children are always required, as is the intervention of a legal representative (Procurador) and a Spanish lawyer. A contested divorce can take anywhere from a few months to more than a year.

The division of foreign assets.

Advice from Divorce abogados and what happens to our properties in Calpe, Spain?

Divorcing in Spain

International Divorce

With the world we live in today, travelling and living abroad is becoming more and more popular. Thus the law has had to keep up with current trends and communication between countries is even better. When we have cross border issues where parties have assets in multiple countries, we need to divide these assets into an agreement where there is more than one jurisdiction involved. Our team are highly experienced in international dealings.

Spanish Assets

Properties solely in Spain?

If you and your spouse currently hold assets together within Spain, we can assist with the division or transfer of ownership of said properties even if the actual divorce proceedings are taking place outside of Spain. In turn, we also can provide advice and assistance when enforcing freezing orders issued by foreign courts.

Prenuptial agreements, are they valid if I live in Calpe Spain?

Should I or shouldn't I?

A prenuptial agreement can be made prior, during and even after the relationship has ended and is a document that states how your assets shall be divided or dealt with in the event your relationship does not last. Prenuptial agreements are valid in Spain unless they are found to be damaging to a spouse or detrimental to any of the children involved. It goes without saying that this topic is delicate and needed to be dealt with correctly. If you should decide this is right for you, Harvey Lawyers and our abogados team in Calpe are at hand to take the burden and prepare all that is needed for an effortless and successful application.

What are the requirements to terminate a civil partnership?

The Dissolution of Civil Partnerships

divorce lawyers specialising in dissolution of a civil partnership

In Spanish, the ‘Pareja de Hecho’ also know as a ‘Civil Partnership’ is the relationship between two parties with common cohabitation and joint interests.

Although similar to a marriage, legally ‘Civil Partnership’ differ and cannot be comparable, therefore we have a separate set of regulations we must follow which would satisfy the termination of a Civil Partnership:

Child Custody

The decision of one party and notifies it to the 'Registry of Domestic Partnership'.

If one party is deceased

If there is a de facto separation of more than 6 months.

One party gets married.

Custody of the children

The children are the priority

The primary concern is that of the children when we are discussing divorce. Usually, it is very difficult to reach an agreement with both parties mainly regarding the topic of where the children are to live as their main residence. However, with a wealth of experience, we will advise you on the best ways to protect them and their best options.

Unfortunately, if there are more serious circumstances such as; if without the other parties consent, the child or children have been taken out of their current country of residence, we must act speedily. Also if there are discussions of holidays and possibly of a more permanent move outside of the Spanish borders, there must be specific court orders which allow these actions.

preparing child custody as divorce lawyers

FAQ's