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'How to sell an inherited house in Spain without registering.'

'How to sell an inherited house in Spain without registering.'

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Как продать унаследованный дом в Испании без регистрации.

One of the questions that arise when inheriting unregistered real estate is how important it is to update its status in the Property Registry. If you're wondering what happens if you don't document an inherited house and whether you can sell an inherited property without registering it, it's actually not compulsory in Spain to register an inherited property or, generally speaking, any real estate transaction, although it is recommended for legal protection. You will also have a much better chance of selling if you fulfill this requirement.

The recording of the property in your name at the Property Registry has positive''consequences and will protect you and the rights of a potential buyer. Be aware that it is likely that any interested party will refuse to buy your home if it is not registered in your name in the Property Registry. Registering an inherited property in your name (or in the names of all heirs) ensures that you are the legal owner and also reflects the date from which you are the owner. In this way, both you and the purchaser of your property will be protected from third parties who may claim the property, in respect of debts incurred prior to purchase, and from a possible fraudulent sale by the person listed on the Register as the owner.

Also keep in mind that the proper registration of an inherited''Property in the Property Registry is a requirement for obtaining a mortgage loan in case the buyer cannot pay the value of the property without a loan.

The execution of the inheritance documentation with a notary will protect you and the buyer of the property will be secured thanks to the contract of sale, but everything will be much easier if all these actions are publicly formalized through registration.

So if you are wondering whether an unregistered document has legal force, the answer is yes, but its registration will prevent possible conflicts.

How do you register an inherited unregistered house without deeds?

If you have inherited a''An unregistered house and you want it to be registered in your name, either for the purpose of selling it or just for security, you should contact the Registry of Property and provide certain documents that will prove that it is indeed your property.

Often, if the property information is out of date and you wish to be registered as the owner, you will need the previous owner's death certificate, a copy of the deceased person's ID card, a certificate of last wills, a deed of inheritance and, if necessary, a deed of acknowledgement of heirship. You must also provide your ID card (and, if you have them, the ID cards of the other heirs).

What relates to''how to register an old house for the first time, in this case the legal tool is a title dossier with a notary, allowing you to register the property in your name. An important step to register the property in your name is to pay the relevant taxes, such as inheritance and gift tax. You must provide proof of payment of these. Thus, you can execute a deed of inheritance without registration if you have documentation to prove your position as owner.

How long does it take to register an inherited property?

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It generally takes 15 working days from the date of submission for any document submitted to the Property Registry to be processed''submissions if, at the time of filing, it is proved that all legal requirements, including advance payment of taxes, have been met. If such proofs are made later, the time limit begins at that time.

Be aware that the timeframe for the examination of the title file is more extended because, among other things, it is necessary to respect the one-month statutory objection period for the interested party to get in the way. In case of objections, a judicial path will be opened and the process will be further delayed. Otherwise, you will need about three months.

How much does it cost to register an inheritance document at the Property Registry?

Register a property in your name at the Registry''Property has a variable cost, depending on the value of the property. In general, they say an approximate budget of 300 to 500 euros, depending on the case, without taking into account the possible preliminary notarial costs you will have to face to formalize the inheritance.

The rates now applied by the Property Registry to register, cancel or revoke each piece of property or right:

  • If the value of the property or right does not exceed €6,010.12 - €24.040484.
  • For excess value between 6,010.13 and 30,050.61 euros -1.75 x 1,000.
  • For surplus value between 30,050.62 and 60,101.21 euros -1.25 x 1,000.
  • For excess value between 60,101.22 and 150,253.03 euros - 0.75 x 1,000.
  • For excess value between 150,253.04 and 601,012.10''EUR - 0.30 x 1,000.
  • For a value exceeding €601,012.10 - 0.20 x 1,000.

How to sell an inherited house without registration?

Selling an inherited house without registration is no different from any other sale transaction: in all cases, it is necessary to conclude a contract of sale in which the transaction will be clearly reflected, a document that will protect both parties and in which you will be listed as the current owner and the buyer as the new owner. However, as we have seen, it can be much more difficult to find a buyer willing to accept all the risks associated with purchasing an unregistered property or a property with irrelevant registration information.

In addition to all the risks mentioned above,''Keep in mind that the registrar himself in registering the property in the name of the new owner may create some problems. You will also be responsible for your own liability in the event of any loss or damage to the buyer. This uncertainty also comes at a price: often when a property is in an unclear registration situation, the buyer demands a substantial discount on the price.

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