Inheriting a property can be both a gift and a challenge, especially when not all co-heirs agree on what to do with it. This situation is much more common than one might think in the Girona region, where inheritances often include houses and rural properties with high sentimental and economic value. If you find yourself in this situation, it’s important to know that you have legal options to resolve the conflict. At ActumAdvocats, our real estate law firm in Girona, we explain how to act safely and effectively. Understanding the origin of the conflict First of all, you need to understand why an heir refuses to sell. The reasons are often varied: Sentimental value: The property may be the family home where they grew up, with a deep emotional connection. Differing financial expectations: Some heirs may believe the property’s value will increase in the future and prefer to wait. Personal use: Perhaps one of the heirs wants to continue living in it or rent it out for a regular income. Disagreements over market value: There may be discrepancies over the fair selling price. Identifying the cause is the first step in finding a solution, either through dialogue or, if this is not possible, through legal means. Options to consider before going to court It is always advisable to attempt an amicable solution. It is faster, less expensive, and preserves family relationships. Negotiation and mediation: Propose a meeting with all co-heirs, perhaps with the assistance of a neutral mediator or specialized attorney. At ActumAdvocats, we offer mediation services to help families find common ground. Alternatives can be explored, such as an heir buying out the remaining portion, establishing a consensual sale period, or agreeing on a mutually beneficial lease. Life usufruct or lease: If an heir wants to continue living in the house, it can be agreed that they will renounce their share of the inheritance in exchange for life usufruct (the right to use and enjoy it while they live) or that a lease agreement be formalized with a fair price for the community of heirs. The legal solution: the action for division of the common property When dialogue is exhausted and an agreement cannot be reached, the law offers a solution. Article 400 of the Civil Code of Catalonia establishes that “no one may be forced to remain in the undivided ownership of the common property.” This means that no heir may be forced to maintain joint ownership indefinitely if one or more of the other co-heirs wish to end it. The action of division of the common property is the legal mechanism that allows this undivided property to be dissolved. Any of the co-heirs has the right to request it judicially. It is a process that requires the essential assistance of an attorney experienced in real estate and inheritance law. How the judicial division process works The process, which begins with a lawsuit filed in the courts of Girona, has the ultimate goal of liquidating the joint heirs and distributing the proceeds. The main stages are: Appointment of a partitioner: The judge will appoint an independent expert (usually a notary or lawyer) to oversee the division process. Property valuation: An official expert appraisal will be carried out to determine the property’s true market value. Division options: The partitioner The partitioner must find a way to satisfy the rights of all heirs. The options are: Award the property to a single heir: If one of the heirs is willing to keep the property, they must financially compensate the other co-heirs for their shares. This compensation will be based on the value of the appraisal. Sale of the property and distribution of the proceeds: This is the most common option. If no heir is willing or able to take over the property by paying the others, a forced sale will be carried out. The sale can be carried out by public auction or direct sale, and the proceeds are distributed proportionally among all the heirs. It is important to note that, in this process, the heir who did not want to sell cannot prevent the sale.The law prioritizes the right to dissolve the joint ownership over the individual will of one of the co-owners. How ActumAdvocats can help you in Girona Facing a conflict of this type can be stressful and emotionally complicated. In ActumAdvocats, a law firm in Girona with extensive experience in real estate and inheritance law, offers: Initial legal advice: We analyze your specific situation and explain all your options clearly. Mediation attempt: We act as mediators to try to reach an out-of-court settlement that avoids a long and costly trial. Specialized legal representation: If legal action is unavoidable, we will accompany you throughout the entire process of dividing the common property, from the lawsuit to the final distribution, defending your interests with the utmost care. Professionalism and efficiency. Don’t let a disagreement over inherited property turn into an insurmountable family conflict. Contact ActumAdvocats and you will find the legal support you need to resolve the situation safely and peacefully. ActumAdvocats – Law Firm in GironaSpecialists in Real Estate and Inheritance LawThe legal solution within your reach. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What is the difference between Usufruct and Bare Ownership?
What is the Difference Between Usufruct and Bare Ownership? In the complex world of property law, the terms usufruct and bare ownership are fundamental to understanding how ownership of an asset can be divided. Although they are often used in inheritance contexts, their application goes much further. Understanding the difference between these two concepts is crucial for anyone facing an estate planning situation, an inheritance, or the purchase of a property. Imagine a cake. When a person is the full owner of the cake, they have full ownership. They can eat it (use it and enjoy its benefits), keep it (possess it), and give it away or sell it (dispose of it). However, the law allows this property right to be divided into two parts: the right to enjoy the cake and the right to be the owner of the cake. This is where usufruct and bare ownership come into play. Usfruct: The right to use and enjoy usfruct is the right of a person(the usufructuary) to use and enjoy another person’s property. It is a real right that, however, does not grant ownership of the property. The usufructuary can live in a house, rent it out and keep the income, or cultivate a farm and sell its products. The main characteristics of usufruct are: Temporality: Usufruct is usually temporary. It can be for a certain period (for example, 10 years) or, more commonly, for life, that is, until the death of the usufructuary. Obligations: The usufructuary has the obligation to preserve the property with the diligence of a good family man, to make ordinary repairs and to pay the expenses and taxes generated by the use of the property, such as the Property Tax (IBI). Limitation: The usufructuary cannot sell, mortgage or encumber the property. You can only sell your usufruct right. A classic example is that of an inheritance, where the widowed spouse inherits the life usufruct of the family home, while the children inherit the bare ownership. This ensures that the spouse can continue to live in the house until their death, without the children being able to sell it or kick them out. Bare Ownership: The Right to Be the Owner Bare ownership is the right to possess the title to an asset, but without being able to use it or enjoy its returns. It’s like having the cake, but not being able to eat it until the person who has the usufruct right has finished enjoying it. The characteristics of bare ownership include: Ownership: The bare owner has ownership of the property and can, in fact, sell it. However, the sale would not affect the right of the usufructuary, which will continue to exist. That is, if the bare owner sells the house, the new owner must respect the right of the usufructuary to live in it. Recovery of full ownership: The main advantage of bare ownership is that, when the usufruct expires (generally, due to the death of the usufructuary), the bare owner recovers full ownership of the property automatically and without the need to carry out additional procedures. Understanding the difference between usufruct and bare ownership is crucial to protecting your rights and interests. Whether you are planning your will, buying a home with this figure or facing an inheritance situation, specialized legal advice is essential to make the right decisions. At Actum Advocats, our law firm in Vidreres, we are at your disposal to advise you and help you manage any situation related to property law, inheritances or estate planning. Contact us and ensure the protection of your assets with the utmost professionalism and confidence. Envíe su consulta a nuestros abogados Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What to do if your tenant doesn’t pay? Step-by-step legal guide
The lawyers’ blog Renting out a property can be a good investment, but it also comes with certain risks. One of the most common issues landlords face is non-payment by the tenant. In such cases, acting quickly and legally is essential. At ActumAdvocats, a law firm specialized in real estate law, we explain step by step what to do if your tenant stops paying and how to protect your rights effectively. 1. Verify that the non-payment is real Before taking any legal action, make sure that the debt is legitimate. Review the lease agreement, the due dates, and check if there’s been any prior agreement that could justify a delay. Sometimes, a simple conversation can solve the issue quickly. 2. Try to reach an amicable solution Whenever possible, negotiating is often the quickest and most cost-effective route. Sending a registered letter (burofax) formally demanding payment is a good first step. This document not only notifies the tenant legally but also serves as evidence in court. At ActumAdvocats, we handle this type of communication with full legal guarantees. 3. Initiate eviction proceedings for non-payment If the tenant does not respond or refuses to pay, legal action is necessary. Eviction proceedings for non-payment allow you to recover the property and claim unpaid rent. The process typically includes: Filing the lawsuit: We prepare and file the claim before the competent court. Notification to the tenant: The court will notify the tenant, who can choose to pay, vacate the property, or oppose the claim. Setting the court date and eviction: If the tenant neither pays nor responds, the court will issue an eviction order and set a date for the tenant to be removed. 4. Claim the outstanding rent Besides recovering the property, you have the right to claim any unpaid rent. At ActumAdvocats, we also help you initiate debt collection or enforcement procedures, including garnishment of the tenant’s assets if necessary. 5. Prevent future non-payments The best way to avoid problems is to prevent them. We offer expert advice on drafting solid lease contracts, checking tenant solvency, and including legal clauses that protect you in the event of a default. Trust ActumAdvocats to protect your rights At ActumAdvocats, we are real estate law specialists. We support you throughout the entire process — from the first payment request to reclaiming the property and the money owed. Our team works with efficiency, determination, and full legal rigor. If your tenant has stopped paying, don’t wait. Contact us and let our legal experts defend your rights with full guarantees. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
The importance of checking the land registry before buying property
The lawyers’ blog Buying a property is one of the most important financial decisions a person can make. Whether you’re purchasing your first home, a second residence in the Empordà region, or an investment property, making sure everything is legally in order is essential. In Girona, where the real estate market is active and diverse, checking the land registry is a key step to ensure a safe and trouble-free purchase. At ActumAdvocats, a law firm specialized in real estate law in Girona, we guide our clients through every stage of the property purchase process. And one step we always emphasize is the review of the land registry. What is the land registry? The land registry is a public record that contains all the legal information related to a property: ownership, charges, easements, mortgages, liens, and more. This registry not only confirms who the legal owner is, but also shows any legal issues that may affect the transaction. Why is it so important to check before signing? Verifying ownership: It’s essential to confirm that the person selling the property is the actual legal owner. We’ve seen cases where the property is registered to a third party, a dissolved company, or is involved in unresolved inheritance disputes. Charges and encumbrances: A property may carry outstanding mortgages, liens, rights of way, or other burdens that could impact its use or value. Buying without knowing about these can pose serious legal and financial risks. Matching physical and legal descriptions: Sometimes, what’s advertised doesn’t match what’s officially registered. Undeclared square meters, unregistered extensions, or pending subdivisions can all create future problems. Fraud prevention: Unfortunately, real estate fraud still exists. A prior review of the land registry helps detect suspicious operations and supports informed decision-making. How can ActumAdvocats help? At ActumAdvocats, our Girona-based law firm offers a fully personalized legal service for registry verification and real estate transactions. We carefully analyze each property, assess its legal standing, and inform our clients of any risks or irregularities. We also manage the entire legal process, including contract drafting, notary arrangements, and coordination with registries and third parties, to ensure a smooth and legally secure purchase. Why work with a specialized real estate lawyer? While many people rely on estate agents or notaries, only a real estate lawyer acts exclusively in your best interests. Our legal expertise allows us to anticipate problems and provide solutions before they escalate. Checking the land registry is not just another step in the process—it’s a vital legal safeguard. It protects your investment, prevents surprises, and ensures peace of mind. If you’re planning to buy property in Girona or nearby, partnering with ActumAdvocats means choosing transparency, security, and expert legal guidance. Don’t leave such an important decision to chance. Contact ActumAdvocats today and let our real estate law specialists in Girona guide you through a safe and successful property transaction. Envíe su consulta a nuestros abogados Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What is Real Estate Due Diligence and how does it Work?
The lawyers’ blog Before investing in a property or closing a major real estate transaction, carrying out due diligence is an essential step. Real estate due diligence is a process of exhaustive research and analysis that allows you to know all the legal, urban planning, technical and economic aspects of a property, thus guaranteeing the legal security of the transaction. The purpose of due diligence is to identify any possible risk or irregularity that could affect the value of the property or the viability of the transaction. This analysis allows the buyer to make informed decisions, negotiate better conditions or even abandon the purchase if significant problems are detected. In general terms, real estate due diligence includes several areas of review. First, the registration and ownership aspects are analyzed to verify that the seller of the property is its legitimate owner and that there are no hidden charges, liens, mortgages or embargoes. Then, compliance with urban regulations is reviewed, and it is verified that the property complies with current planning, that it has all the necessary licenses and that there are no ongoing disciplinary proceedings. Another fundamental part of the process is the technical evaluation of the property, where the state of conservation, possible structural defects and compliance with accessibility, safety and energy efficiency regulations are examined. In addition, in operations involving commercial premises or industrial buildings, it is common to also review compliance with specific regulations such as those for classified activities or the prevention of occupational risks. Actualitat this work must be carried out by professionals with experience in real estate law and technical knowledge in the field. In this sense, having a specialized firm like Actum Advocats, located in Girona, makes the difference between a safe purchase and a future legal problem. At Actum Advocats, we specialize in real estate law and accompany our clients throughout the due diligence process, carrying out a meticulous review of each document and each relevant aspect of the property. Our goal is to offer you the peace of mind of knowing that your investment is protected and that there will be no unpleasant surprises after signing. Furthermore, if during the due diligence we detect risks or incidents, our team of lawyers is responsible for advising you on the renegotiation of conditions or the adoption of the best strategies to defend your interests. Our experience in sales, rentals, urban development and asset management operations makes us a key ally in any real estate project in Girona and the Costa Brava. Remember that due diligence is not only advisable in large operations. Even when acquiring a private home or a second home, carrying out a prior review can save you many future problems. Peace of mind and legal certainty are priceless, and at Actum Advocats we work every day to protect them. If you are thinking of investing, selling or acquiring a property, do not hesitate to contact us. At Actum Advocats we offer you a personalized, agile and effective service, adapted to the specific needs of each client. The best defense of your assets begins with good legal advice. We are in Girona to accompany you every step of your real estate project. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What not to do if you are stopped by the polices
The lawyers’ blog What not to do if you are stopped by the police: Legal advice from Actum Advocats Facing a police arrest can be a stressful and confusing experience. At this time, it is essential to know how to act to protect your rights and avoid making mistakes that could harm you legally. At Actum Advocats, your trusted law firm in Girona, we want to give you the keys to acting prudently and ensuring that your rights are respected at all times. 1. Don’t try to escape or resist One of the worst mistakes you can make is trying to escape or resist authority. This can escalate the situation and lead to additional charges, such as disobedience or resisting authority. Stay calm, follow the officers’ instructions, and avoid any sudden movements that could be misinterpreted. 2. Don’t argue or verbally confront It’s understandable to feel frustrated or nervous during an arrest, but arguing or verbally confronting the officers will not help you. Maintain a respectful attitude and avoid raising your voice or using offensive language. Remember that anything you say can be used against you. 3. Do not give unnecessary information You have the right to remain silent and not testify against yourself. You are not required to answer questions beyond identifying yourself (name, address, etc.). If the officers ask you about the incident they are investigating, you can politely respond: “I prefer not to answer without my lawyer present”. At Actum Advocats, we recommend that you exercise this right to avoid possible contradictions or statements that could harm you. 4. Do not consent to searches without a warrant The policeneed a court order to search your vehicle, home or belongings, except in exceptional cases (such as flagrante delicto). If officers ask you for consent to a search, you can politely refuse: “I do not consent to this search without a court order“. If they proceed with the search anyway, do not interfere, but make it clear that you do not consent. 5. Do not sign anything without consulting a lawyer In some situations, the police may ask you to sign documents, such as statements or minutes. Never sign anything without first consulting a lawyer. You could be admitting responsibility or accepting conditions that you do not fully understand. At Actum Advocats, we are available to advise you in these critical moments. 6. Do not refuse to identify yourself Although you have the right to remain silent, you are required to identify yourself if the police ask you to. Provide your name, address and any other basic information they ask for. Refusing to identify yourself may result in additional charges. 7. Do not rely on unprofessional advice In situations of detention, it is common to receive advice from friends or family that, although well-intentioned, may not be accurate. Always rely on the advice of a professional lawyer. At Actum Advocats, we have a team of criminal law experts who will guide you through every step of the process. In situations of detention, it is common to receive advice from friends or family that, although well-intentioned, may not be accurate. Always trust the advice of a professional lawyer. At Actum Advocats, we have a team of criminal law experts who will guide you through every step of the process. 8. Don’t ignore your rights It is essential to know your rights during an arrest: Right to be informed of the reasons for the arrest. Right to remain silent and not to testify against yourself. Right to a lawyer and to communicate with a family member or trusted person. Right to be treated with dignity and respect. If you believe that your rights have been violated, contact a lawyer immediately. At Actum Advocats, we specialize in defending fundamental rights and we can help you take the necessary legal measures. 9. Don’t wait to contact a lawyer The moment of arrest is crucial. The sooner you have the advice of a lawyer, the better you will be able to protect your rights and interests. At Actum Advocats, we offer an immediate attention service to assist you at any time of the day or night. 10. Do not underestimate the importance of specialized legal defense An arrest can have serious consequences, from fines to prison sentences. For this reason, it is essential to have a team of lawyers who are experts in criminal law to defend you and guide you at every stage of the process. At Actum Advocats, we combine experience, dedication and a personalized approach to offer you the best possible defense. In situations of detention, calmness and knowledge of your rights are your best allies. If you find yourself in this situation, do not hesitate to contact Actum Advocats. Our team is ready to offer you the advice and legal defense you need. Actum Advocats: Your defense, your peace of mind. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
How to solve problems with the administration in Girona
How to solve problems with the administration in Girona How to solve problems with the administration: Practical guide with Actum Abogados in Girona Problems with the public administration can be a source of frustration and stress for many people and companies. From tax claims to planning procedures or administrative disputes, often the complex regulations and the rigidity of the procedures make solving these situations difficult. Therefore, having the help of experts in administrative law can make the difference. From Actum Advocats, located in Girona, we offer quick and effective solutions to deal with any problem with the administration. Identify the problem The first step to solving any conflict with the administration is to understand its nature. This may include: Mistakes in taxes: Errors in the declaration of taxes or misapplied penalties. Trámites urbanísticos: Problems related to construction permits or licenses. Subsidies and aids: Resolutions denied unjustly. Fines or administrative sanctions: Challenges for fines that we consider disproportionate or unfair. Having specialized lawyers helps to break down and understand the situation from a legal point of view. Support from legal experts Facing the administration can be intimidating, but you should not do it alone. Actum Advocats puts at your disposal a team of specialists with experience in administrative law</strong >. We take care of: Study the situation: We analyze the documentation and determine the available options. Personalized advice: We help you understand your rights and how to act to defend them. Representation before the administration: We handle the necessary legal procedures. Custom solutions Each problem is different and requires an adapted strategy. Some examples of solutions we offer include: Administrative resources: When a decision is against your interests, we present resources to reverse it. Contentious-administrative proceedings: If mediation is not effective, we represent our clients before the courts. Tips to avoid problems Prevention is always better than cure. Some key tips to minimize conflicts with the administration include: Keep documents in order: Always keep all documentation related to taxes, permits and other procedures. Inform yourself adequately: Before starting any process, make sure you know the legal requirements. Comply with the deadlines: Do not let the deadlines pass to submit documentation or resources. When in doubt, seek professional legal advice to avoid future complications. Why choose Actum Abogados? Lawyers in Girona At Actum Advocats, we are more than a law firm: we are your allies to guarantee that your rights are respected. we are characterized by: Proven experience: Years of experience defending clients in administrative cases in Girona and elsewhere. Personalized treatment: We understand that each case is unique and we adapt to the client’s needs. Commitment to results: We work to obtain the best possible results quickly and efficiently. Contact us If you have problems with the administration, don’t wait any longer. At Actum Advocats, we are prepared to help you find a solution. Contact us today to schedule a consultation and discover how we can help you regain peace of mind. Solving problems with the administration can seem like a challenge, but with the right support, it is possible to obtain favorable results. Actum Advocats, based in Girona, is committed to providing high quality legal services to help you overcome any administrative conflict. Do not hesitate to trust our experts to defend your interests and guarantee that your rights are respected. Send your query to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What are revolving cards and why they can be abusive
What Are Revolving Cards And Why They Can Be Abusive Revolving cards are a type of financial product that allows users to make purchases or have money on credit, returning the amounts in flexible monthly installments. What differentiates these cards from traditional credit cards is that the installments are usually small and, in many cases, only cover the interest generated, leaving the outstanding capital practically intact. This system can generate a debt that extends indefinitely, known as “revolving debt”. In principle, revolving cards seem an attractive solution to have money immediately without a significant impact on the monthly budget. However, many contain conditions that can be considered abusive, which has generated numerous legal claims in recent years. The main problem lies in the interest rates applied to these cards, which are usually extremely high, often exceeding 20% APR (Annual Rate Equivalent). This type of interest is classified as usurious by the Law on the Suppression of Usury when it exceeds normal market limits. In 2020, the Supreme Court declared on several occasions that these interests can be considered abusive, which opens the door to the cancellation of the contract and the recovery of the amounts paid in excess. In addition, the lack of transparency is another factor that makes revolving cards a potentially harmful product for consumers. Many financial institutions do not clearly explain the conditions of the contract, the interest rates applied or the consequences of choosing very low monthly installments. As a result, users can end up trapped in a cycle of debt that grows over time instead of decreasing. Another critical aspect is the financial impact that these debts can have on consumers, who are often unaware of the real financial burden until the debt becomes unsustainable. This can lead to legal problems, such as lawsuits for non-payment, and serious psychological repercussions, such as financial stress. If you are the holder of a revolving card and suspect that it contains abusive clauses, it is important to seek legal advice. A specialized lawyer can help you analyze your contract, calculate the money you could recover, and claim against the financial institution. This type of claim not only protects your rights as a consumer, but also promotes greater transparency in the financial sector. Envieu la vostra consulta als nostres advocats Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
What should I know before buying a house in Spain?
The lawyers’ blog Buying a home in Spain is a dream for many. The climate, culture and quality of life are just some of the attractions that make this country an ideal destination for investing in a property. However, before making this decision it is essential to know the legal aspects that govern this transaction, especially if you are a foreigner. 1. Legal advice: The first and most important thing is to have a lawyer specialized in real estate law. A professional will guide you through the entire process, from searching for the property to signing the public deed.</ strong> The lawyer will be in charge of verifying the documentation, negotiating the terms of the sale and protecting your interests. 2. Type of property: In Spain, you can buy different types of property: New homes: These are those that have been built recently and are usually subject to VAT. Second-hand homes:These are those that have already been inhabited and are subject to the Property Transfer Tax (ITP). Single-storey homes: These are those that are under construction and are purchased before completion. 3. Required documentation: To complete the purchase, you will need the following documentation: NIF (Foreigner Identification Number): This is the equivalent of the DNI for foreigners. Valid passport: This is essential to prove your identity.Certificate of residence: If you live in Spain, you must present this document. Proof of funds: You must prove that you have the necessary funds for the purchase. purchase. 4. Purchase costs: In addition to the price of the property, you must take into account the following expenses: Taxes: VAT or ITP, depending on the type of property. Notary: The costs of the public deed. Property Registry: To register the property in your name. Agency: If you hire the services of an agency to carry out the procedures. 5. Mortgages: If you need financing, you can apply for a mortgage from a Spanish bank. The requirements and conditions vary depending on each bank, so it is advisable to compare different offers. 6. Ownership regime: It is important to know the ownership regime of the home. In Spain, there are two main systems: Exclusive ownership: The buyer acquires complete ownership of the property. Community ownership: The property is part of a building with common areas and the buyer acquires a share of the common property. 7. Rights of foreign buyers: Foreigners have the same rights as Spanish citizens when buying a home. However, it is important to be aware of any restrictions that may apply to certain areas or types of properties. 8. Leasing: If you wish to rent out the property, you must comply with the current regulations on urban leasing. 9. Income taxes: The purchase and sale of a property may generate tax obligations in the personal income tax (IRPF). 10. Succession: It is important to : Take into account the rules of succession in the event of death. A will can be a useful tool to ensure that the property passes to your heirs. In conclusion, buying a home in Spain is an important decision that requires careful planning. Having the advice of a specialized lawyer will allow you to know all your rights and obligations and avoid possible legal problems. Actum lawyers offers you a comprehensive service so that you can make your investment with complete peace of mind. Contact us and we will advise you throughout the process. Send your inquiry to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).
How to manage the Income Tax for Non-Residents in Spain
The lawyers’ blog Are you a foreigner and have income in Spain? Understanding and complying with tax obligations in a foreign country can be complex. A non-EU resident is anyone who has their tax residence in a country of the European Union, Iceland, Norway or Liechtenstein. In all other cases, the person will be a non-EU non-resident. The Non-Resident Income Tax is one of the main taxes that you should be aware of if you own property, invest or work in Spain. What is the Non-Resident Income Tax? The Non-Resident Income Tax (IRNR) taxes income obtained in Spanish territory by individuals or entities that do not have their tax residence in Spain. These incomes can come from various sources, such as: Real estate income: rents, capital gains from the sale of real estate. Income from personal capital: interest, dividends. Income from work: salaries, pensions. Who is required to file the IRNR declaration? Actualitat non-residents who have obtained income in the territory are required to file the IRNR declaration. Spanish during the fiscal year. What are the tax obligations of non-residents? The tax obligations of non-residents in Spain are varied and may change depending on the nature of the income obtained. In general, they include: Filing the IRNR declaration: Within the deadlines established by the Tax Agency.Payment of the corresponding tax: Within the established deadlines.Keeping the supporting documentation: During the limitation period. Why is good IRNR management important? Proper IRNR management will allow you to: Comply with your tax obligations: Avoiding penalties and surcharges.Optimize your tax burden: Taking advantage of the deductions and bonuses available.Have control over your tax situation: Facilitating long-term tax planning. Do you need help to avoid any scares or problems with the Tax Agency? At ActumAdvocats we are specialists in advising foreigners on tax matters. We offer you a comprehensive service that includes: Analysis of your tax situation: To determine your obligations and rights.Preparation and presentation of the IRNR declaration: Correctly and in compliance with all legal requirements.Representation before the Tax Authority: In case of any requirement or inspection. Don’t risk making mistakes that could lead to financial penalties. Trust in our experience and professionalism to manage your IRNR safely and efficiently. Send your inquiry to our lawyers Nombre: Email Teléfono Comentarios: He llegit i accepto la política de privacitat Protección de Datos En cumplimiento de la Ley Orgánica 15/1999 de protección de datos de carácter personal, de 13 de Diciembre, Actum Advocats le informa que sus datos personales se incluirán en ficheros informatizados titularidad de Actum Advocats, que será el único destinatario de estos datos. Su exclusiva finalidad es la gestión de clientes y acciones promocionales y tiene la posibilidad de ejercer los derechos de acceso, rectificación, cancelación y oposición previstos en la ley mediante una carta o email dirigidos a Actum Advocats (datos de contacto en pie de página).