# add my name to the property??



## Sandraw719 (Jul 19, 2013)

Dear All,

We bought a flat in Spain and it is about 95000.00 euros including all the taxes and etc.

Because I am Chinese. The agent said I was required some military document in Spain. Obviously the notary officer did not realize this and did not get this document in time. They can organize for it but it takes 2 months to get. So the fastest way is to put my husband's name only at this moment.

I wonder if we finally resident in Spain. How difficult to put my name on the title of deed and how much it costs? Is there any tax we have to pay?

Thanks


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## snikpoh (Nov 19, 2007)

Sandraw719 said:


> Dear All,
> 
> We bought a flat in Spain and it is about 95000.00 euros including all the taxes and etc.
> 
> ...


Yes, there will be charges to pay.

You will have to pay the notary and also a gestor/abogado.

You will also have to pay transfer tax as you are effectively transferring half of the property to you. I seem to recall that this tax is 10% (depending where you are). 

The tax due, I think will be 10% of half the cadastral value (not purchase price) .


PS - what's a 'military document'?


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## Sandraw719 (Jul 19, 2013)

*Thanks*



snikpoh said:


> Yes, there will be charges to pay.
> 
> You will have to pay the notary and also a gestor/abogado.
> 
> ...


I have no idea bout this military document. I was told some non European foreigners need this for Spainish property if the house is near the costal area. 

But if I am the wife and I can provide marriage certificate. Why this is considered a sale? 
What is the cadastral value?

If we wont put my name on this title of deed, do I automatically own half of this property?

I do not want my husband die. But if he does, what happend to us? I am considered to inherit half or 100% of the property?


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## Pesky Wesky (May 10, 2009)

Sandraw719 said:


> I have no idea bout this military document. I was told some non European foreigners need this for Spainish property if the house is near the costal area.
> 
> But if I am the wife and I can provide marriage certificate. Why this is considered a sale?
> What is the cadastral value?
> ...


Friends of mine bought property in Torrevieja/ Orihuela area. It's near a military zone. He didn't have Spanish nationality at the time and he is non eu and so they had to do something special to be able to buy the house. Maybe it's smth to do with that??


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## Sandraw719 (Jul 19, 2013)

Pesky Wesky said:


> Friends of mine bought property in Torrevieja/ Orihuela area. It's near a military zone. He didn't have Spanish nationality at the time and he is non eu and so they had to do something special to be able to buy the house. Maybe it's smth to do with that??


Thanks and I think I am in the same situation.

Anyway, I am quite happy to put my husband name on only. I am not paying the tax just adding my name on now. 

But it upset us a lit bit. We plan to buy a villa for us to live ( 3 of us and my father-in-law.) Now we may only rent a place.

The property bought is just for a holiday flat and it is in a popular area and will use for short term letting.


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## 213979 (Apr 11, 2013)

Sandraw719 said:


> I do not want my husband die. But if he does, what happend to us? I am considered to inherit half or 100% of the property?


...question of the decade on this forum, as far as I'm concerned. 



When you say "military" do you mean police?


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## snikpoh (Nov 19, 2007)

Sandraw719 said:


> I have no idea bout this military document. I was told some non European foreigners need this for Spainish property if the house is near the costal area.
> 
> But if I am the wife and I can provide marriage certificate. Why this is considered a sale?
> What is the cadastral value?
> ...


Whenever a property is transferred to someone else or when additional names are added, it is as though it were sold. It might seem daft to you, but this is how it works.


Cadastral or catastral value (different languages) is the value of a property as deemed by the Government. It is this figure that annual property taxes are based on and also any other property tax (capital gains, IBI etc.).

If you buy a property for, say, 100000 euros (as mentioned in the deeds) but the cadastral value is, say, 500000 euros, then they will come after you for any additional tax etc.


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## Sandraw719 (Jul 19, 2013)

snikpoh said:


> Whenever a property is transferred to someone else or when additional names are added, it is as though it were sold. It might seem daft to you, but this is how it works.
> 
> 
> Cadastral or catastral value (different languages) is the value of a property as deemed by the Government. It is this figure that annual property taxes are based on and also any other property tax (capital gains, IBI etc.).
> ...


Thanks. 

The money is from our joint account in Spain. Anyway, it is a bit shocked to hear this. China and UK are the same. It is free to add spouse's name on the title.

If I just let it is, only put my husband's name on the deed. What happened if he die one day? I owe the property 50%| automatically or I have to pay huge inherit tax?

I do not want my husband die. hehe. It is not easy to save a lot of money but it is ridiculous to let the government steal so much!


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## snikpoh (Nov 19, 2007)

Sandraw719 said:


> Thanks.
> 
> The money is from our joint account in Spain. Anyway, it is a bit shocked to hear this. China and UK are the same. It is free to add spouse's name on the title.
> 
> ...


Unfortunately, you would have to pay succession tax on the entire amount as you don't, legally, own any of it. The amount you would have to pay varies from region to region and you don't say where the property is - search on this forum for details perhaps.


Thinking about it now, what is the rush? Why not wait until you get the 'military document'?


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## gus-lopez (Jan 4, 2010)

Sandraw719 said:


> Thanks.
> 
> The money is from our joint account in Spain. Anyway, it is a bit shocked to hear this. China and UK are the same. It is free to add spouse's name on the title.
> 
> ...


If it is in his name only then you would be deemed to be inheriting 100% & the tax would be on the full value ,not half. Unfortunately.


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## Sandraw719 (Jul 19, 2013)

gus-lopez said:


> If it is in his name only then you would be deemed to be inheriting 100% & the tax would be on the full value ,not half. Unfortunately.


Thanks.

I think it is a trick from the government. When we were in the Notary office, they did not mention this. The solicitor only phoned us today --it is the day the trasaction happened. We did not want to wait another 5 weeks. So we cannot wait for the military document now. 

The agent said my husband can make a will. I am not sure how it works. Just check the info about the tax info. If my husband leave the will, my son will inherit 100% of the property. Is that better? 

My son is only 4 and half. My husband is much older than me. So our boy will get more allowance than me, right?


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## Madliz (Feb 4, 2011)

We bought our house in the 90s. I stayed in the UK with two small children while hubby came to sign the contract. I considered that we both owned it, as we did our UK house. BUT when my husband died, according to the notary, only HE owned it as only HE signed the contract. This bombshell was announced as we gathered to sign the escritura de herencia, which had all been made out with this detail. The children and myself therefore paid inheritance tax on 100% and I have usufructo. This was not at all what I was expecting. No amount of arguing could change his opinion. The inheritance rules here are very unlike the UK and most people are unaware.


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## Pesky Wesky (May 10, 2009)

elenetxu said:


> ...question of the decade on this forum, as far as I'm concerned.
> 
> 
> 
> When you say "military" do you mean police?


No, military as in Army etc


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## Pesky Wesky (May 10, 2009)

Pesky Wesky said:


> No, military as in Army etc


Haven't read it all, but here's a reference to the military zone in Orihuela and buying property there. Remember this is only pertinent to non EU citizens
Autorización Militar
_Afecta solo a los extranjeros no comunitarios (aunque residan en España) y no es habitual, sin embargo, en determinadas zonas, la adquisición por ellos de bienes inmuebles o derechos reales necesita la obtención previa e inexcusable de autorización militar al respecto. En Torrevieja y Orihuela hay determinadas zonas con dichas restricciones, pida información previa. Se regula en la Ley 8/1975 y su Reglamento aprobado por RD 689/1978. Es una restricción que parece obsoleta en los tiempos actuales, pero está plenamente vigente y hay que tenerla muy en cuenta pues sus efectos pueden impedir la venta a un no comunitario._

So it would appear that the OP requires an _autorización militar_


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> Haven't read it all, but here's a reference to the military zone in Orihuela and buying property there. Remember this is only pertinent to non EU citizens
> Autorización Militar
> Afecta solo a los extranjeros no comunitarios (aunque residan en España) y no es habitual, sin embargo, en determinadas zonas, la adquisición por ellos de bienes inmuebles o derechos reales necesita la obtención previa e inexcusable de autorización militar al respecto. En Torrevieja y Orihuela hay determinadas zonas con dichas restricciones, pida información previa. Se regula en la Ley 8/1975 y su Reglamento aprobado por RD 689/1978. Es una restricción que parece obsoleta en los tiempos actuales, pero está plenamente vigente y hay que tenerla muy en cuenta pues sus efectos pueden impedir la venta a un no comunitario.
> 
> So it would appear that the OP requires an autorización militar


So it's more to do with where the property is than anything else! 
If they'd bought one elsewhere it probably wouldn't have been an issue at all!


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## 213979 (Apr 11, 2013)

Pesky Wesky said:


> No, military as in Army etc


I wasn't sure if it was a translation issue, especially since non-EUs need a police report to get residency. I didn't know there was a military issue near a base in Spain.


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## Pesky Wesky (May 10, 2009)

xabiachica said:


> So it's more to do with where the property is than anything else!


Yes.
And the fact that the OP is non EU


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## Pesky Wesky (May 10, 2009)

elenetxu said:


> I wasn't sure if it was a translation issue, especially since non-EUs need a police report to get residency. I didn't know there was a military issue near a base in Spain.


It's not because people want to buy near a military base, but near a military sensitive area as far as I understand. I've just scrolled down there's a map showing these areas, and there are quite a few in basically the 4 corners of the country! It also tells you what paperwork you have to present too, which is quite extensive including a croquis of the location of the property. The writer of the article says you'd expect this legislation to be obsolete, but it isn't and may be asked for it. My advice would be to do it if you are wanting to buy in these areas as you wouldn't want to find out that you couldn't buy a property in the last stages of signing just because of this, would you?

Maybe this needs to be in the FAQs about buying property??


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## 213979 (Apr 11, 2013)

Pesky Wesky said:


> It's not because people want to buy near a military base, but near a military sensitive area as far as I understand. I've just scrolled down there's a map showing these areas, and there are quite a few in basically the 4 corners of the country! It also tells you what paperwork you have to present too, which is quite extensive including a croquis of the location of the property. The writer of the article says you'd expect this legislation to be obsolete, but it isn't and may be asked for it. My advice would be to do it if you are wanting to buy in these areas as you wouldn't want to find out that you couldn't buy a property in the last stages of signing just because of this, would you?
> 
> Maybe this needs to ne in the FAQs about buying property??


Given the fact that this seems to be in a fairly popular area to buy, I think it would be a good idea. 

Sounds insane to me! Guess I'm glad to live in the mountains!


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## xabiaxica (Jun 23, 2009)

Pesky Wesky said:


> It's not because people want to buy near a military base, but near a military sensitive area as far as I understand. I've just scrolled down there's a map showing these areas, and there are quite a few in basically the 4 corners of the country! It also tells you what paperwork you have to present too, which is quite extensive including a croquis of the location of the property. The writer of the article says you'd expect this legislation to be obsolete, but it isn't and may be asked for it. My advice would be to do it if you are wanting to buy in these areas as you wouldn't want to find out that you couldn't buy a property in the last stages of signing just because of this, would you?
> 
> *Maybe this needs to be in the FAQs about buying property*??



good idea - I shall add it


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## anles (Feb 11, 2009)

Madliz said:


> We bought our house in the 90s. I stayed in the UK with two small children while hubby came to sign the contract. I considered that we both owned it, as we did our UK house. BUT when my husband died, according to the notary, only HE owned it as only HE signed the contract. This bombshell was announced as we gathered to sign the escritura de herencia, which had all been made out with this detail. The children and myself therefore paid inheritance tax on 100% and I have usufructo. This was not at all what I was expecting. No amount of arguing could change his opinion. The inheritance rules here are very unlike the UK and most people are unaware.


This depends on whether you are married under "regimen de gananciales" o "separación de bienes". If it's "gananciales" everything acquired during the marriage is a joint asset except inheritances, but spouses do have the "usufructo" of these. If you take a letter from a Notary stating this, which has been apostilled and translated, the Notary has to abide by it. In the original deed, where your husband's name and details were registered it should state this. If a mistake has been made in the deeds, you do a rectification, which you do have to pay for, but you do not have to pay the tax again nor is it considered a new sale!


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