GB Abogados

Casa
España
Alicante
GB Abogados

Gascon Bernabeu (GB Abogados) is a firm of solicitors with offices in Alicante, Palma de Mallorca &

Gascón Bernabéu Abogados are a firm of English speaking Spanish solicitors offering a wide scope of services. Our team of experienced solicitors are on hand to provide an efficient and reliable service to meet the needs of international clients. GB Abogados specialise in a number of services that are most relevant to international clients. This expertise includes all manner of property related iss

ues, mortgage settlements, conveyancing , probate and marine law. Please feel free to contact us to discuss your circumstances under no-obligation

MOST POPULAR LEGAL SERVICES

- Conveyancing: GB Abogados provide a dedicated conveyancing service for foreign clients who are buying in Spain. Our English speaking solicitors are well versed in meeting the needs of our international clients.

- Probate: GB Abogados offer a prompt and efficient probate service to foreign nationals with assets in Spain.

- Mortgage Settlements: GB Abogados have assisted many clients in difficulty with their mortgages in Spain.

- Property Transfers: GB Abogados offer clients a stress free property transfer service for properties throughout mainland Spain, the Balearic and Canary Islands.

- Family Law: GB Abogados provide a wide range of services to clients who require help with family related issues in Spain. GASCÓN BERNABÉU ABOGADOS
Alicante - London - Mallorca
[email protected]
+34 965 020 279 // +44 (0)203 3137 1320

25/05/2026

Understanding Usufruct and Property Rights in Spanish Civil Law

In Spain’s real estate and estate planning sectors, the concept of Usufruct (Usufructo) is a fundamental legal mechanism. It involves the separation of property rights into two distinct legal interests, a structure that frequently impacts international buyers, investors, and heirs.

The division establishes two distinct legal entities:

The Usufructuary (Usufructuario): Holds the right to use and enjoy the asset (usus and fructus). This individual is entitled to occupy the property or rent it out to retain the resulting yields. Consequently, they are generally responsible for ordinary maintenance costs, utilities, and community fees.

The Bare Owner (N**o Propietario): Holds the legal title to the property (nuda propiedad) but lacks immediate rights of possession or enjoyment. Their rights remain restricted until the usufruct is legally extinguished. The bare owner is typically liable for ownership-related taxes, such as the Real Estate Tax (IBI).

Economic Valuation for Tax Purposes
Accurately valuing a usufruct is essential for determining the taxable base for Transfer Tax (ITP) or Inheritance and Gift Tax (ISD) in Spain:

Life Usufruct (Usufructo Vitalicio): The valuation depends on the age of the usufructuary at the time of the transaction, calculated using the statutory formula:

Usufruct Value (%)=89−Age of the Usufructuary
This value is legally bound by a maximum cap of 70% and a minimum floor of 10% of the property’s total value.

Temporary Usufruct (Usufructo Temporal): Established for a fixed term, it is valued at 2% of the property's total value for each year of duration, up to a maximum limit of 70%.

Consolidation of Full Ownership (Pleno Dominio)
A bare owner can acquire unrestricted ownership of the property prior to the natural expiration of the usufruct through a process known as consolidation. This requires a formal transmission agreement where the bare owner purchases the usufructuary rights.

To be legally binding against third parties, the transaction must be formalized via a Public Deed before a Spanish Notary and subsequently registered in the corresponding Property Register (Registro de la Propiedad), effectively extinguishing the usufruct charge.

Expert Legal Assistance in Spain

Whether you are navigating cross-border inheritance proceedings or managing complex property transactions in Spain, GB Abogados provides specialized legal and fiscal counsel.

For a free, no-obligation consultation with our legal team, please contact us:

Telephone: +44 (0)203 137 1320

Email: [email protected]

Website: gbabogados.co.uk

20/04/2026

Owning property in Spain remains popular among UK buyers—but the tax side isn’t always as straightforward as it seems.

Even if your property isn’t rented out, you may still need to pay tax. Spain applies *imputed income*, meaning a notional value is taxed annually based on the property’s cadastral value. It’s often a small amount, but it must be declared each year via Modelo 210.

If you rent the property, the system changes. Tax is based on actual income (typically 19% for UK residents), with allowable deductions for expenses. However, returns must be filed quarterly, not annually—something many owners overlook.

Selling the property introduces Capital Gains Tax, and a 3% retention is applied at the point of sale as an advance payment. In some cases, Wealth Tax may also apply for higher-value assets, depending on regional rules.

In practice, the biggest challenge isn’t usually the tax itself—but keeping up with the deadlines and requirements. With increased enforcement in recent years, staying organised and informed is key to avoiding penalties.

With the right guidance, managing Spanish property tax can be straightforward and routine.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/non-resident-tax-in-spain/

20/04/2026

Owning property abroad doesn’t always go to plan. Changes in income, rising costs, or rental issues can make mortgage payments in Spain difficult—especially for non-resident owners unfamiliar with the system.

The key is to act early. Spanish banks may offer solutions depending on your circumstances, particularly if you present your situation clearly and realistically. Options can include restructuring the mortgage or negotiating new terms.

In more complex cases, a long-term solution like *dación en pago* may be considered—an agreement where the property is returned to the bank in exchange for cancelling the outstanding debt, avoiding lengthy legal proceedings.

Each situation is different, whether due to unemployment, reduced income, divorce, negative equity, or rental shortfalls. What matters is addressing the issue before it escalates, as early action usually means more flexibility and better outcomes.

With the right legal guidance, even challenging situations can be resolved in a structured and manageable way—helping restore clarity and financial stability.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/cant-pay-your-spanish-mortgage-we-can-help/

14/04/2026

If you need to use UK documents in Spain, it is important not to overlook a key requirement: legalisation (apostille).

Spanish authorities do not automatically recognise documents issued in the UK. In most cases, these documents must be legalised by the UK’s Foreign, Commonwealth & Development Office (FCDO), which verifies the authenticity of the signature and issues an apostille certificate. This process ensures that the document is valid for use in Spain under the Hague Apostille Convention.

Legalisation is commonly required in situations such as property transactions, inheritance matters, granting Powers of Attorney, and dealing with tax or legal procedures in Spain.

The types of documents involved may include birth, marriage and death certificates, Powers of Attorney, wills, court documents, and corporate records, among others. It is essential that these documents are correctly signed or certified by an authorised UK official, such as a solicitor or notary, before beginning the legalisation process, as errors at this stage can lead to delays or rejection.

At Gascon Bernabeu, we assist UK clients throughout this process, ensuring that documentation is properly prepared and recognised in Spain, helping to avoid unnecessary delays.

We offer free, no-obligation consultations for those who require guidance or further information.

GB Solicitors. Making Spanish law simple.

https://www.gbabogados.co.uk/how-to-legalise-uk-documents-for-use-in-spain/

31/03/2026

Resolution of International Trade Disputes in Spain

International trade relationships are built on trust and clearly defined agreements. However, disputes can arise even in seemingly straightforward situations, such as delivery delays, disagreements over payment terms, or differing interpretations of a contract.

When a dispute involves a Spanish company, factors such as language, legal differences, and varying business practices can add complexity to the process. In this context, having specialized legal advice is essential to manage the situation with confidence and sound judgment.

Before resorting to court proceedings, many disputes can be resolved through alternative methods such as negotiation, mediation, or arbitration. These approaches are often more efficient, flexible, and help preserve commercial relationships.

In cases where legal proceedings become necessary, the process in Spain involves several stages, including determining jurisdiction, submitting pleadings and evidence, trial, and, where applicable, the possibility of appeal. Although more formal, this route provides a clear and enforceable outcome.

At Gascon Bernabeu, we advise international businesses at every stage of a trade dispute, from defining the initial strategy to representation in court, always with a practical, results-oriented approach.

If you are facing a trade dispute in Spain, you may contact our team for an initial, no-obligation consultation.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/how-to-resolve-trade-disputes-in-spain/

24/03/2026

Moving to Spain is an increasingly popular choice for UK buyers, often evolving from a holiday destination into a long-term lifestyle decision driven by climate, quality of life, and location diversity.

Choosing where to live is a key first step. Coastal areas such as Costa Blanca and Costa del Sol offer well-established international communities, while cities like Valencia and Alicante combine urban living with coastal access. Inland locations can provide more space and better value, appealing to those seeking a quieter pace of life.

However, buying property in Spain differs significantly from the UK. Greater responsibility lies with the buyer to verify ownership, identify any debts, and ensure the property is correctly registered.

When purchasing from abroad, these challenges can become more complex. Having experienced legal support in place is essential to manage due diligence, coordinate the process, and act on your behalf where necessary.

Getting the right advice from the outset not only simplifies the process but also protects your investment and gives you confidence at every stage.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/the-first-step-to-buying-a-property-in-spain/

02/03/2026

If you’ve inherited a property in Spain, you may be wondering how soon you can sell — especially when ongoing costs like community fees, utilities and local taxes continue to accrue.

The key point: you cannot sell until the inheritance has been formally completed and the property is registered in your name at the Spanish Land Registry. There is no legal waiting period after that — delays usually arise during probate, not the sale itself.

Before you can sell, you must:

- Obtain the death certificate and Certificate of Last Will

- Locate the Will (or complete a declaration of heirs if there isn’t one)

- Sign the Deed of Inheritance before a Spanish Notary

- Calculate and file Spanish Inheritance Tax (usually within 6 months)

- Register the property in your name at the Land Registry

In straightforward cases, this process can take a few months. Delays are often caused by missing documents, overseas heirs, translations, or beneficiary disputes.

Once the inheritance is finalised and registration completed, the property can be marketed and sold immediately.

We offer a fully managed probate and sale service in Alicante — handling the inheritance process, tax filings, registration, marketing and conveyancing through to completion. With Power of Attorney, everything can be managed remotely, and legal fees are deducted on completion.

If maintaining an inherited property in Spain isn’t practical, there is a clear legal route to sale — it just needs to be handled in the right order.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/how-soon-can-you-sell-an-inherited-property-in-spain/

26/02/2026

Can you travel with €10,000 or more to or from Spain? Yes — but prior declaration is required.

Spanish law does not prohibit carrying €10,000 or more in cash. However, Law 10/2010 requires anyone entering or leaving Spanish territory with that amount (or more) to submit a formal declaration in advance.

In practice, most airport seizures do not arise because the money is unlawful, but because of:

-Failure to submit the required declaration

-Incomplete or inaccurate declarations

-Insufficient detail regarding the origin or intended use of the funds

-Where the declaration requirement is not properly complied with, authorities may:

-Seize the funds (allowing the individual to retain €1,000 as a minimum amount)

-Initiate administrative sanction proceedings

-Impose fines ranging from €600 up to double the amount confiscated

Importantly, in many cases the funds can be recovered, provided their lawful origin is properly evidenced through supporting documentation. The recovery process typically takes several months and requires careful legal preparation.

In these situations, acting promptly and obtaining specialist legal advice can make a significant difference.

GB Solicitors. Making Spanish law simple.

https://www.gbabogados.co.uk/money-confiscated-at-the-airport/

24/02/2026

If you have inherited a property in Spain while living in the United Kingdom, you are likely dealing with two parallel issues: completing probate in Spain and, if you decide to sell, managing the transaction from abroad.

Spanish inheritance law requires a formal notarial process before ownership can pass to the heirs. This involves obtaining the relevant certificates, preparing and signing the inheritance deed before a Notary, calculating and submitting Spanish Inheritance Tax and Plusvalía, and registering the change of ownership at the Land Registry. Until these steps are properly finalised, the property cannot be sold.

At the same time, ongoing costs such as community fees, utilities and local taxes continue to accrue.

For properties located in the province of Alicante, we provide a fully integrated service that combines probate and conveyancing within one coordinated process.

Our service includes:

-Full management of the Spanish inheritance procedure

-Calculation and submission of Inheritance Tax and Plusvalía

-Registration of title at the Land Registry

-Property valuation, marketing and sale management

-Representation under Power of Attorney, removing the need to travel to Spain

-Secure transfer of sale proceeds to your UK bank account

-No upfront legal fees, with fees deducted upon completion of the sale

This structure is designed for UK-based clients who cannot justify repeated travel to Spain or the payment of legal fees in advance, particularly where the principal asset in the estate is the property itself.

You benefit from a single team, a single point of contact and a coordinated legal and practical strategy from inheritance through to sale, handled efficiently and in full compliance with Spanish law.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/introducing-our-complete-service-for-spanish-inheritance-and-property-sales-in-alicante/

14/01/2026

Buying a property in Spain is an exciting step and, for many, the fulfilment of a long-held personal goal — whether that is a holiday home, a retirement plan, or a long-term investment. However, while the lifestyle side of buying in Spain is easy to imagine, the tax and legal reality of the purchase often comes as a surprise.

One of the first questions our clients ask is how much they should budget on top of the purchase price. The answer is not always straightforward. Spain does not operate under a single national system: taxes and costs vary depending on the autonomous community, the type of property, and whether the purchase involves a mortgage.

As a general guideline, buyers should allow between 10% and 15% in additional costs. This figure typically covers purchase taxes, notary fees, Land Registry costs and legal fees.

The type of property makes a significant difference. When buying a resale property, the buyer pays Property Transfer Tax, which generally ranges between 6% and 10%, depending on the region. When buying a new-build property, Property Transfer Tax does not apply. Instead, the purchase is subject to VAT at 10%, plus Stamp Duty (Actos Jurídicos Documentados), usually between 0.5% and 1.5%, depending on the autonomous community.

Because tax rates are set at regional level, two properties of similar value can carry very different acquisition costs depending on their location. One of the most common mistakes made by overseas buyers is assuming that property taxes work the same way throughout Spain.

Although Spanish law does not require buyers to appoint a solicitor, having an English-speaking Spanish lawyer involved from the outset is strongly advisable, particularly for international buyers. Proper legal advice helps buyers understand the true costs, assess the legal status of the property, identify potential risks, and avoid costly mistakes.

Most of the problems we encounter do not arise from poor decisions, but from a lack of clear information at the early stages of the purchase, when expectations and budgets can still be managed effectively.

Buying property in Spain can be a secure and predictable process when the right advice is in place from the beginning. Being well informed before committing is, without doubt, the best investment a buyer can make.

https://www.gbabogados.co.uk/how-much-tax-and-fees-do-you-pay-when-buying-property-in-spain/

GB Solicitors. Making Spanish law simple

Dirección

Avenida MaisonnAvenida 41, 3rd Floor
Alicante
03003

Página web

http://www.gbabogados.co.uk/

Notificaciones

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