The practical aspects linked to the purchase of your Spanish property as a foreigner.
Are you allowed to buy a property in Spain as a foreigner? Who is buying? How do you finance?
This article is the second part of our main paper: “Your ultimate legal checklist of your Spanish property.” Have a look at the bottom of this article for the other parts of this article.
Before starting with the legal aspects of buying a property in Spain as a foreigner, here are two interesting articles about the foreigners real estate activity in Spain:
- The top 10 Spanish cities where foreigners love to buy properties!
- Who are the foreigners buying properties in Spain in 2018? Our detailed analysis
Anyone could buy a property in Spain but if you want to live more than 3 months in Spain and
- If you are Eu resident or from Switzerland or Norway, it’s ok. you should prove that you have a health insurance and enough financial means to live in Spain
- If you are from anywhere else, you need a Visa, have a quick look at our paper related to the conditions to get a long-term Visa in Spain: How to get a Golden Visa in Spain?
Who is buying the Spanish property?
As a reminder, if you want to buy a property in Spain, all the people involved need a NIE or “Número de Identificación de Extranjero”, have a quick look at our article The Spanish NIE number? Learn everything here: What is it? How, Why, Where get it? for more information on that subject. The NIE number is a tax number in Spain for foreigners. You can get it at the consulate in your home country, in Spain directly, or your lawyer could assist you to get it.
You could buy a property yourself, with your partner or with family members, there are many ways to buy a property. Some people close to retiring could as well be interested in a Property purchase in Spain with usufruct and bare ownership.
A final suggestion for a more sophisticated investor could be to purchase within a company either existing in Spain or in a foreign country.
If you buy a property in Spain, being married in some countries such as France, Belgium, Italy, Germany, Sweden, Canada, the United States, Latin America, etc., it is important to confirm the marriage status and the marriage system.
What are the impacts of your matrimonial regime if you are buying a property in Spain?
First, let’s have a closer look at the different matrimonial regimes: there are two main “wedding contracts”:
1. A community of assets:
In these countries: France, Germany, Belgium, Netherlands, Sweden, Switzerland, Denmark, Norway, Poland, Luxembourg, USA (in some States) the standard wedding contract is the community of assets.
Interesting to know: many of French, Belgian and Dutch citizens are married under the “separation of assets” regime contrary to the standard practice in their country.
2.Separation of assets:
In other countries, such as the United Kingdom, Ireland, Scotland, the United States (some of the States), Turkey and the Muslim countries, the standard contract is the separation of assets.
A modified version of the Separation of assets exists as well: Separation of assets with Community of Acquests. For instance, it could be the case if you buy a property after your marriage and have it declared as a community of assets. Of course, you would keep the rest of your assets separated.
What documents should you provide if you are buying a property in Spain?
Buyers who are married in “separation of assets” in any of the countries with the regime of “community” of assets is “the” legal matrimonial regime, must obtain one of the following documents:
- Original marriage contract: in this case, it shouldn’t be certified. In fact, certain countries, such as France, Belgium, etc., have concluded agreements with Spain stating that, when the document comes from a public entity, it is exempted from the obligation to be authenticated. But, as a general rule, our partners recommend that it is always better to get the apostille in all cases. It will give us security.
- Copy of the notarial marriage contract– In this case, it must be authenticated by a public entity as it is a document from a notary.
In the other case of buyers coming from one of the countries where “the” legal matrimonial regime is the community of assets and married by separation, and that purchasers do not provide the marriage contract, the sale can be completed. In other words: The notary will authorize the sale.
However, the following problems may occur:
- If the property is purchased by one of the spouses privately, the property may be registered in the name of both (in “community”).
- If the buyer buys with a mortgage, the bank may refuse to approve the loan if the matrimonial regime is not proven.
Therefore, we recommend, if you desire to buy a property in Spain you live in one of the countries where the basic marital system is the community of property, to:
- Locate the original of your marriage contract and let it authenticated by a public entity. If you do not have the original, you should go to a notary who proves your matrimonial regime by notarial act, then certify it or obtain an extract from the Civil register then certify it.
- Translate any document in Spanish by an official translator if your notary is not comfortable with your language.
We want to thank our legal partner in the region of Alicante, Juan Carlos, for his help for writing this article.
How do you finance your purchase? Do you need a mortgage?
Your lawyer will assist you to make sure that the mortgage is well written and that the different clauses protect your interests.
If you buy your property for investment purpose, it is important to note that you could have a tax incentive to take a loan, as you have to pay a tax on your “net income” and you are allowed to deduct some charges from your rental income. (see Part IV for more on that).
Have a quick look at our last paper: Your definitive guide to your Spanish Mortgage: How to apply? How to get the best rates?
This article: “Part II. Buying a property in Spain as a foreigner: Are you allowed to buy a property in Spain as a foreigner? Do you need a Visa? Who is buying? How do you finance?” is part of an extensive article covering the legal and tax aspects of a property acquisition in Spain:
Introductory paper: Why do you need independent legal and tax partners for your property acquisition in Spain? Part I. Buying a property in Spain: Is a Spanish Notary enough? Why is an independent Spanish lawyer strongly advised? Part II. Buying a property in Spain as a foreigner: Are you allowed to buy a property in Spain as a foreigner? Do you need a Visa? Who is buying? How do you finance? Part III. Legal due diligence on your Spanish property Part IV. Tax aspects related to your Spanish property: acquisition, ownership and sale of your Spanish property Part V. Inheritance, Estate Planning and Granting a Will in Spain
For easiness of reading, it is split into five different articles: they could be read one after the other or separately.