Legal Question in Real Estate Law in Spain

Re: Taxes on Death of Joint Owner of Property

Assuming that you and your husband owned the Property individually rather than through a company and Your husband left no will in England or Spain you will need to produce evidence that you are the only heir, usually by production of official notarised translations of the grant of administration in England.

This will give you the legal right to sell but getting this documentation accepted in Spain can be a slow process.

Regarding tax it has been required that non residents appoint a Fiscal Representative for about 10 years in order to pay the annual proprety and wealth taxes and if you are not up to date these will have to be paid on sale.

Inheritance tax and capital gains tax are payable. Calculating the Inheritance should be done by the local Fiscal Representative but you will able to claim some releifs so it should not be excessive. Gains Tax is 35% of the gain but generally speaking you have to pay 5% of the sale price on account while the gain calculation is being agreed with the revenue authorities. Again it is best done by a local Fiscal agent