Changes of ownership of a title deed of a property are a very frequent occurrence in real estate.
However, the fact that they are frequent does not mean that they are simple. In fact, it is not enough to simply change the name of the owners of a property in order to undertake this change.
The process is usually much more complex, both from a legal and administrative point of view, and is influenced by the different reasons for the change of ownership.
Below, we detail the main cases and causes for this change of ownership.
What is title to a title deed?
Before we get into the details of the title change process, it is important to understand what title to a title deed involves.
Ownership refers to who is listed as the legal owner of the property according to public records.
This information is documented in the escritura de la vivienda, which is the legal document in Spain that certifies ownership and establishes the rights and responsibilities of the owner.
What are the main reasons for a change of ownership in Spain?
The reasons for which, generally, a change of ownership of a property is made are usually related to the transfer of a property, whether it is a sale or purchase, an inheritance or any other related possibility of a personal nature.
The most frequent situations that occur with some regularity are the following:
- Purchase and sale of the property: when a contract of sale of a property is made, it is also necessary to carry out all the formalities with the registry to proceed with the change of ownership and to register the new owner of the property in question.
- Inheritance: Something similar happens in cases where, according to a will, a property is received as inheritance. In this case, after the death of an owner, his or her assets, including the property, pass to his or her heirs. The change of title deed is necessary to legally transfer the property to the heirs.
- Donation: sometimes we come across owners who, during their lifetime, decide to donate their property to their future heirs without the need to bequeath it in a will or after death. When a donation of a property takes place, whether to a relative, friend or institution, it is necessary to change the title deed to reflect the new owner.
- Divorce or separation: In cases of divorce or separation, one party may wish to transfer their share of the property to the other spouse or to a third party.
- Changes in the legal structure of the property: In some cases, such as the creation of a partnership, it may be necessary to change the title deed to reflect these changes. This is the case, for example, in condominium cases when one owner sets out to acquire all parts of a property by purchasing them from the other owners.
Do I need legal advice to make a change of ownership of a deed?
The procedures for a change of ownership are not at all simple, and even less so when, in addition, we must add the difficulty of language in the event that one of the parties does not reside in Spain or does not have a command of our language.
Furthermore, in this type of procedure there are a large number of legal documents that must be properly drafted and reviewed, before and after signing, by experienced professionals.
The same applies to the procedures in the registers that accredit and certify this change of ownership.
At MAM Solicitors we consider, as you have read, the need to seek legal advice to ensure that all legal requirements are met and that the transfer of ownership is carried out properly.
Please do not hesitate to contact us or visit our offices in San Javier (Murcia), Vera, (Almeria) and Orihuela Costa (Alicante) to receive fully personalised advice.
