Criminal Law – 1st arrest

23rd July 2015

The first arrest, the release and the continuation of the criminal process When an offense has been committed in Spain, unless the case is extremely grave, the arrested party is ordinarily released by the police following a deposition and allowed to go free, sometimes with merely a fine.   Since his passport is not held by […]

Spanish safety act

20th July 2015

On 1st July 2015, the Spanish regulator passed a bill on public safety. This rule is the response of the Spanish regulator to the anti-system demonstrations that’s taken place in Spain in the last years. Basically, the Government has given new powers to the Police to identify, search and arrest people in concentrated groups and public […]

Divorce in Spain

14th July 2015

In Spain it is now possible to file for divorce before a public Notary. Since July 3rd the matrimony will be declared terminated with a brief appearance of the spouses before a Notary. The only requisites are: That the spouses submit a document to the Notary in which they agree for the divorce to be […]

Spanish Property Buying Guide

13th July 2015

Buying Property in Spain – The Legal Process Buying a property in your home country can be a complicated process and a daunting experience, which requires guidance and support from qualified professionals. But whilst the process is very much the same, the legal, financial and statutory government requirements behind purchasing a property differ vastly from […]

New European Succession Rules

9th July 2015

Spanish Wills The new rules on European Succession will be fully enforceable by August 17th 2015. These rules were passed in July 2012, and gradually entered the EU member’s legislations from 2012 to 2015 and by August 17th the rules will be fully enforceable in all EU member states. The new rules aim to facilitate […]

Tourist licences in Barcelona

7th July 2015

After the recent local elections in all Spain, the new Municipality authority of Barcelona (the local Council or Ayuntamiento) has ruled that the granting of tourist licences will be frozen for at least one year. The tourist licences in Spain do allow the owners of private properties to lease these properties to tourists for short […]

New Spanish Criminal Code

The new Spanish Criminal code has come into force on July 1st. The legislator has tried to modernize the criminal rules and adapt the whole criminal jurisdiction to the new technologies and the increasing international terrorism threat. Overall, the new law increases the punishments (by increasing the fines and time to serve in prison to […]

New RDT Mortgage Settlements

17th June 2015

Lender: Sabadell Location: Malaga Outcome: As with many people caught up in the European financial downturn, this client had bought a holiday home in Spain during the boom years only to find he could no longer afford to meet the mortgage and expenses which amounted to €220,000. The Bank had sought to place a Charging […]

Mortgages – death & divorce

10th June 2015

On the topic of Mortgages there are two specific situations, Death and Divorce, which provoke regular enquires to Spanish Solicitors. Far from providing straight answers and simple solutions, the current regulation on mortgages in Spain doesn´t provide an answer for such scenarios Divorce and mortgage In some other articles within these newsletters it has been […]

English v Spanish law

21st May 2015

Our Spanish solicitors are often approached to answer queries concerning legal issues in Spain encountered either by British residents with an interest in Spain, or those ex-pats who have legal issues within the country. Many people are surprised by the completely different regulation of the said matter in both countries. These queries generally start with […]

Mortgages in Spain

22nd April 2015

The purchasers of a property in Spain as a second residence usually require a mortgage. Getting such finance is quite feasible, and many mortgages are granted regularly in Spain for non residents. However, it is useful to know and understand at least the basic intricacies of the local mortgage application and granting, as these peculiarities […]

Spanish Property Crash

21st April 2015

The Spanish real estate market crashed in 2010 after a decade of excessive construction and over inflation in prices. This left a myriad of developments half finished, thousands of local developers out of business and buyers with properties which, once completed, were worth half of what they originally paid for. However, once the overall situation […]

Recent Mortgage Settlements

12th March 2015

Lender: Banco Popular Location: Malaga Outcome: We negotiated a partial settlement which saw the mortgage cleared, the client´s legal liability removed, and the shortfall of €87,000 written off. The client was required to pay €15,000 towards the mortgage debt and the associated non-residents Tax but the Bank paid the Notary and Land Registry fees to […]

Mortgage Deed

All things being equal. A new way to remove or amend the clauses in the mortgage deeds based in unexpected change of circumstances of the borrower The Higher Court of Majorca in July 2014 issued a judgement that went initially unnoticed but that has gained notoriety in the last months, as it’s been alleged as […]

Bankia

18th December 2014

Those who invested in Bankia via the IPO in 2011 or purchased “preferred options” in the last few years yesterday received good news. The good news is that the bank, through its CEO, admitted the wrongdoings when the company went public and opened the door to refund investors. The story of Bankia is an apt […]

Mortgage Settlements

15th December 2014

We are pleased to share the news of our continued success with Spanish Mortgage settlements. Here is a taster of some of the settlements we have secured over the past 3 weeks: Lender: Sabadell Location: Malaga Outcome: The client has benefited from a full settlement. The Bank agreed to write off the full mortgage debt […]

Spanish Mortgages – update

10th December 2014

When there are only a few weeks until the end of 2014, the Spanish legislator, in spite of its repeated promises has not yet (as of December 9th) amended the regulation of mortgages. The construction bubble of the mid 2000s burst in 2009, and thus provoked: a) the drastic drop in the value of the […]

Regulation of Tourism Licences

6th November 2014

The Spanish regulation of tourist licences for holiday properties – The regulation In the last decade, the rental of private properties in Spain by private owners has increased dramatically. From an occasional and scarce activity it has developed into a whole new industry – the estimates are that there are in Spain (at November 2014) […]

Tourist Licences for Properties

4th November 2014

The Spanish regulation of tourist licences for holiday properties The lease or rent of a property in Spain for holiday lets agreed directly with a private owner, has increased in the last few years enormously. This has been pushed by, amongst other reasons, the reduced air fares between the UK and Spain, the convenient exchange […]

UK Action by Spanish Banks

30th October 2014

The rights of the debtor in the application for a charging order on a property in the UK made by a bank before the repossession process is completed in Spain. It is becoming rather common that the defendant in a repossession process filed in Spain, receives also a communication from a local County Court with […]