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Help Centre

Legal clarity, century-old tradition.

Frequently asked questions organised by practice area to guide you on key decisions about assets, contracts and legal proceedings in Spain.

Real Estate

How long does the property purchase process take in Spain?

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It depends on several factors, such as preparation of documentation and the property's land registry status. In general, from signing the reservation contract to the notarial deed, the process usually takes between 4 and 8 weeks, though it can take longer if there are pending procedures or charges on the property.

Is it necessary to obtain the NIE to buy a property?

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Yes. Every foreign buyer must have a NIE (Foreigner Identification Number) to complete the purchase, register the property in the Land Registry and pay taxes.

What taxes are paid when buying a property in Spain?

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It depends whether the property is new or resale:

New build: 10% VAT + stamp duty (AJD – Documented Legal Acts).

Resale: Transfer Tax (ITP), which varies by autonomous community.

Notarial and land registry fees must also be considered.

Can I buy a property without being physically in Spain?

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Yes, it is possible by granting a notarial power of attorney to a representative in Spain, who can sign the deed on your behalf. Part of the process can also be managed remotely, but some notarial formalities may require your physical presence or authorised video conference.

Inheritance

What documents do I need to process an inheritance in Spain?

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It depends on the situation, but typically required are: death certificate, will or declaration of heirs, birth and marriage certificates of the heirs, documentation of assets and properties and, for international inheritances, apostilled or legalised documents from the country of origin.

How long does the inheritance process take?

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The timeframe varies with complexity and whether assets are in several jurisdictions. A straightforward procedure may take between 3 and 12 months, while international or disputed inheritances can take several years.

Can I renounce an inheritance?

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Yes, any heir can expressly renounce the inheritance by public deed before a notary. The renunciation is irrevocable and must be formalised in accordance with Spanish law.

What law applies to an international inheritance?

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Under EU Regulation 650/2012, the law of the deceased's country of habitual residence at the time of death applies, unless they chose another law in their will. Some immovable assets may be governed by the law of the country where they are located.

Contracts

Is a contract signed in another country valid in Spain?

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Yes, an international contract can be valid in Spain provided it does not contravene Spanish law, public policy or mandatory rules. Translation and legalisation of the contract are often recommended for full effect before Spanish courts.

What happens if the other party breaches the contract?

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Breach allows you to claim in court for performance, termination of the contract and/or damages. Arbitration mechanisms may also be used if the contract provides for them.

Do I need to translate a contract into Spanish?

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For it to have legal effect before Spanish authorities or courts, an official (sworn) translation is required if the contract is in another language.

Can you review a contract before I sign it?

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Yes, it is advisable to have a specialist lawyer review contracts before signing, to ensure legal compliance, correct drafting of clauses and protection of your rights.

Civil Law

What is the time limit for claiming a debt?

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In general, the limitation period for personal debts in Spain is 5 years from when the debt becomes due, under Article 1964 of the Civil Code. Special time limits apply depending on the type of obligation.

What is the difference between separation and divorce?

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Separation means the breakdown of cohabitation and family arrangements but does not legally dissolve the marriage. Divorce legally dissolves the marriage, allowing the spouses to remarry.

Can I claim damages for a traffic accident?

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Yes, any accident victim can claim compensation for personal and property damage, through out-of-court settlement with the insurer or through the courts if no agreement is reached.

How can I recover my property if the tenant does not pay?

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You can start court proceedings for eviction for non-payment, after formal notice to the tenant and once legal time limits have been met, including claiming unpaid rent.

What happens if I sign a contract with unfair terms?

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Unfair terms are void under the General Law on Consumer and User Protection and do not bind the consumer. You can seek their nullity and compensation for damage through the courts.

Commercial Law

What type of company is best for my business in Spain?

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It depends on factors such as liability, capital, number of partners and tax treatment. The most common are the Limited Company (SL) and the Public Limited Company (SA). Each type has specific advantages and legal requirements.

Can I set up a company in Spain as a foreigner?

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Yes, anyone can set up a company in Spain, although a NIE is required and registration, tax and licensing procedures must be completed depending on the type of company.

What is a due diligence?

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It is a process of legal, tax and financial verification of a company before a transaction, to identify risks and obligations.

What happens if a company has liquidity problems?

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It can start restructuring, refinancing or, in serious cases, insolvency proceedings under Spanish insolvency law, to protect the rights of shareholders and creditors.

Criminal Law

What should I do if I am arrested?

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Stay calm, do not make a statement without a lawyer and request immediate legal assistance. You have the right to remain silent, to inform someone of your detention and to be assisted by a lawyer.

What is the difference between a complaint and a private prosecution?

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A complaint can be filed by anyone in relation to a criminal act, whereas a private prosecution is filed by the victim directly and allows greater involvement in the proceedings.

Can I withdraw a complaint?

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Yes, in private offences the victim can withdraw or drop the complaint. In public offences, the action continues even if the victim withdraws, unless specific provisions apply.

What is a plea agreement?

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It is an agreement between the accused and the prosecution to accept the facts and the proposed sentence, which may lead to a reduced sentence and speeds up the judicial resolution.