Today we bring you the fifth podcast recorded with Maria de Castro of Costa Luz Lawyers answering your legal questions.
Due to popular demand, we have broken up this podcast into 10 parts, one for each question. That way you can go straight to the questions that most interest you.
Q1: Comments about EEOs (European Enforcement Orders). This follows on from an article which appeared in the Daily Mail about a couple who are being pursued in the UK for their Spanish mortgage debt.
Q2: Our house is in joint names here in spain. My husband and I have separarated due to his adultery in england. Being made homeless I have moved to spain to live in the home in joint names of which I actually purchased. Can he force me to move out of this house?
Q3: Is there an age limit for paying capital gains tax on the sale of a spanish property or is everyone liable? I had heard if you were over 80yrs old and had residential status you were exempt.
Q4: I have recently received a bill for the non residents wealth tax for the year ending 2009. I have just returned from Alicante and read in the costa blanca news that the tax was being abolished and those who have paid would receive a refund.
Q5: I was reading in a Spanish Magazine that Capital Gains Tax might have to be paid in Spain when you sell your house in the UK, is this right and how much would have to be paid?
Q6: When you rent a property on long term basis, do the renters have to pay a security, and if so what's the amount to pay ?
Q7: The developer of our community currently still owns just under 50% of our urbanisation, does his vote in the community meeting still represent just one vote?
Q8: We won a judgement last March against Viviendas Jardin for 60% of deposits paid on property in Lanzarote . Amount agreed with developers as refund. Our solicitor says to be patient but we are getting worried as he is paid in full too.
Q9: I wish to pass my aparrtment in Spain to my daughter and son, but have been informed that they would have to pay 7% tax as if it were a sale, but if they become Spanish residants they will not have to pay a very small tax is this correct?
Q10: We are under a great deal stress since finding out in May-2010 on my first hearing that I & my wife have to attend the court in Spain for the 2nd hearing in January-2011. This is in connection with a property which was not delivered on time - ie nearly 12 months late. I wanted to cancel my contract and get my deposit of E58,000 back.
We are worried why have we been told to appear in the court when it is only a breach of contract by the builder? We are very uneasy that this could go against us as its possible that the judge is being biased and sideing with the builder?
Our own lawyer has just told us that we have to do what the judge has said.
What do you think this going on here?
If you would like to submit questions for Maria's next podcast you can do so at:
http://www.eyeonspain.com/podcasts/maria/questions.aspx
We are sorry that we cannot discuss every question submitted due to podcast time constraints.
We hope you enjoy this podcast.