Shared ownership of a property

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31 May 2013 12:11 AM by Feeg Star rating. 37 posts Send private message

Can anyone tell me if two or three people can buy a property together without having to form a company and issue shares?





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31 May 2013 8:29 AM by I_Love_javea Star rating in Gibraltar / Morocco .... 125 posts Send private message

 Yes they can



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31 May 2013 9:06 AM by johnzx Star rating in Spain. 5242 posts Send private message

I was talking to a lady just yesterday who was living an apartment jointly owned by her four children (but  paid for by her). 

 Although she is resident,  as the children are non-resident, they have to pay the non resident property owners tax. 





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05 Jun 2013 3:01 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

Yes, of course they can.

And property shares can be adjudicated to differet people without needing to form a company. 



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24 Jul 2013 10:56 AM by Feeg Star rating. 37 posts Send private message

On a shared 50% property, both wanted to give each other lifetime occupation rights on either death, but have been told that to do so would result in tax liabilities etc. If either one dies, can the surviving spouse continue undisturbed by heirs?





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24 Jul 2013 11:22 AM by elaineG Star rating in Spain . 409 posts Send private message

The heirs would still have to pay the inheritance tax., and thus would be part owner/s.  They of course could allow the surviving 50% share holder to live there but equally they could make waves





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24 Jul 2013 12:31 PM by Feeg Star rating. 37 posts Send private message

A "usufruct" was proposed to cover any "waves" but was discouraged? I would have though this usufructo" was a way to prevent a surviving spouse to have security of tenure?





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24 Jul 2013 12:56 PM by elaineG Star rating in Spain . 409 posts Send private message

Yes but a usufruct involves taxes too. (it has been mentioned in other posts).  I believe it amounts to the difference between the person given the right’s age minus 80. That is the percentage tax of the value of the property involved (in this case 50% of the total value). But I am sure others will correct this point.





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24 Jul 2013 5:52 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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 If the deceasor leaves to you lifetime usufruct on the property, you would just own the half that was originally yours and the other one will be owned by heirs after probate. Nevertheless, and by virtue of usufruct rights, no one could force you to leave the house while you are alive.



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El blog de Maria



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24 Jul 2013 6:50 PM by elaineG Star rating in Spain . 409 posts Send private message

Maria as an expert, could you explain the tax position for Feeg ?





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29 Jul 2013 10:53 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Regarding taxes in the usufruct for widow scheme:

On a shared 50% property, both wanted to give each other lifetime occupation rights on either death, but have been told that to do so would result in tax liabilities etc. 

Legal tip 944. IHT on my usufruct as widow? 
10 May 2013 @ 17:40 
 

 

Usufruct heirs has a tax liability on the share he is inheriting ( as usufruct). That share is calculated by substracting your current age to 89. That is the percentage which, applied to value of assets, will determine the value of your share.

For instance:

If the two properties value is 200.000 euros, and you are 65 yeards old. The value of your usufruct is calculated:

89-65 equals 24. ( it always needs to be between 10%-70%)

24% of 200.000 is 48.000€

So, ownership heirs will have to pay taxes on 152.000 € and you will have to pay taxes on 48.000€.

If taxes are not paid by heirs, the AEAT might start an enforcement procedure on any free assets owned by debtor heirs.

P1030200.JPG

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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