Expert guidance on selling inherited property spain from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
Selling inherited property in Spain involves a precise legal process that must be completed before the property can be listed for sale. Foreign heirs often underestimate the steps required, leading to costly delays and unexpected tax bills.
Complete the Inheritance First
No sale is possible until the inheritance is fully settled — acceptance deed signed before a notary, inheritance tax paid within the 6-month deadline, and the property registered in the heir’s name at the Land Registry.
Pre-Sale Legal Checks
- Updated nota simple confirming clean ownership
- Energy efficiency certificate (mandatory for all sales)
- Habitation certificate from the town hall
- Community of owners certificate confirming zero debts
- Cadastral reference matching the physical property
Tax Obligations for Non-Resident Sellers
Non-resident sellers face a 3% withholding by the buyer, paid directly to the Spanish tax authority as advance capital gains tax. The seller must file a model 210 declaration within 3 months to regularise. Municipal capital gains tax (plusvalia) is also payable. The capital gain is calculated from the declared value at inheritance.
Multiple Heirs Must All Agree
When several heirs co-own the property, unanimous agreement is needed to sell. If one heir refuses, judicial partition can be requested. Alternatively, a lawyer can negotiate a buyout of shares between heirs to avoid lengthy court proceedings.
Full Sale Support
Our firm manages everything from completing the inheritance to signing the sale deed. Over 30 years of experience.
Contact us: +34 965 792 946 · [email protected] · Inheritance lawyers Spain
Selling inherited property requires careful coordination between the inheritance process and the sale. Our lawyers manage both aspects seamlessly, ensuring that all legal requirements are met and that you achieve the best possible outcome from the sale of your inherited assets.
Our team handles the entire process from inheritance acceptance to property sale, providing seamless end-to-end legal support that saves you time and ensures full compliance with all Spanish legal requirements.
Besoin de conseils juridiques immobiliers en Espagne ? Contactez nos Property Lawyers pour une assistance juridique experte sur la Costa Blanca.
Why You Need a Property Lawyer in Costa Blanca
Purchasing property in Spain involves a complex legal process that differs significantly from buying property in the UK or other European countries. Having an independent lawyer who represents your interests exclusively is essential to ensure a safe and successful transaction.
Our firm conducts thorough due diligence on every property transaction, including verification at the Land Registry, checking for outstanding debts or charges, reviewing planning permissions, and ensuring all building licences are in order. We guide you through every step from the initial reservation contract to the signing at the notary.
Protecting Your Investment
We review all contractual documentation, negotiate terms on your behalf, and ensure that deposits are properly protected. Our team also assists with the arrangement of NIE numbers, bank account opening, and connection of utilities. With over 30 years of experience in Costa Blanca, we have the local knowledge needed to protect your investment.