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Conveyancing / Spanish Property Guidance

Conveyancing/Spanish Property Guidance

Lopez Legal has considerable experience in Spanish property law. We offer a top notch conveyancing service with an attention to detail and translation services in English, Spanish and French. Lopez Legal acts for you independently with in depth research on all land registry and planning matters. It is important that prior to buying or selling a property everything is explained to you in detail before proceeding.
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We conduct the following property transactions in Andalusia and especially on the Costa Del Sol:

∙Purchase and Sale
∙Resale Properties
∙Coastal, inland & rural properties
∙New build properties
∙Legalisation or regularisation of illegally built properties
∙Dissolution of jointly owned property
∙Mortgage Representation

What does our conveyancing service include?

∙A free initial consultation
∙Organising a power of attorney
∙Legal searches including Land Registry searches and due diligence
∙Drafting private contracts in English, French and Spanish where needed
∙Notary attendance
∙Fiscal representation including tax payments
∙Property registration
∙Connection of utilities

Lopez Legal aims to make your property sale or purchase as smooth as possible while always protecting your interests.

Criminal Law

Criminal Law

Lopez Legal has a wealth of experience in criminal law. If you are accused of a crime it is very unpleasant and it is vital you secure the services of an experienced criminal lawyer and barrister. We are here to protect your reputation and freedom.
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We offer our legal expertise to victims of crime also. Lopez Legal provides assistance in the following criminal areas:

∙Legal defence in a variety of criminal proceedings including urgent trials and preliminary proceedings
∙Legal help for detainees in detentions centres such as Police Stations and the Civil Guard and in Courts
∙Criminal defence with regard to traffic safety such as driving without a license or driving under the influence of alcohol and/or drugs
∙Criminal defence for drug related issues
∙Defence in crimes of gender violence, victims of domestic abuse, physical and mental health abuse
∙Legal defence against theft, fraud, forgery, insolvency, misappropriation, misuse of company assets, extortion, embezzlement and tax fraud
∙Defence of crimes against family rights and duties such as abandonment and non-payment of pensions
∙Defence of minors heard before the special jurisdiction of minors

We can provide comprehensive criminal legal assistance from start to finish which will increase your chances of a better outcome.

Inheritance, Wills & Family Law

Inheritance, Wills & Family Law

At Lopez Legal we understand that family, will and inheritance legal matters must be handled sensitively and carefully. We seek out solutions but at all times put the client's interests first.
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Our inheritance, wills and family law division offers the following services:

Inheritance & Wills

∙Drafting and execution of a Spanish Last Will & Testament
∙Obtaining a death certificate
∙Organising the estate transfer to heirs ∙Inheritance tax planning

Family Law

∙Legal Separation
∙Divorce in Spain
∙Foreign couples divorcing in Spain
∙Liquidation of matrimonial assets and dissolution of joint property ownership
∙Cohabitation and rights of the parties ∙Parental responsibility
∙Custody and visitation rights
∙Child Abduction
∙Adoption
∙Domestic violence including injunctions
∙Court of Protection & care orders
∙Financial agreements and resolution for maintenance and support

Bankruptcy, Debt Collection & Asset Enforcements

Bankruptcy, Debt Collection & Asset Enforcements

We will work efficiently and cost-effectively to provide a trustworthy service to our clients particularly in complex financial matters. We provide the following services:
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Legal counsel and assistance to creditors

∙Representation of creditors in national and international insolvency, bankruptcy and liquidation proceedings
∙Judicial assistance to creditors to collect insolvent and bankrupt companies' debts
∙Liability of administrators for possible corporate debts to protect creditors' economic interests

Legal counsel and assistance to debtors

∙Assistance with the failure of a corporate body with regard to reconstruction, re-financing and restructuring advice
∙Representation of debtors in Court for insolvency and bankruptcy proceedings
∙Negotiation and settlement of debts and deferred payment
∙Advising directors on how to protect themselves against liabilities and issues that may arise with insolvent and bankrupt companies

Legal counsel and assistance regarding assets

∙Asset recovery strategies and related corporate support
∙Recognition and enforcement of confiscation and restriction orders
∙Seizure of assets abroad, including properties, boats and bank accounts in cooperation with legal counsel in the pertinent countries
∙Effective management of property and other assets before and during sale

Evictions & Mortgage Repossessions

Evictions & Mortgage Repossessions

You will need to seek legal advice when dealing with an eviction. An eviction is the process by which the owner of a property tries to regain possession from a tenant or illegal occupant.
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Evictions

Lopez Legal can offer the following service:

∙Legally assist in recovering a house, premises or plot
∙If the parties are unable to reach agreement then it will be necessary to intervene with the authorities via the police or court depending on the case
∙Reasons for eviction can be the expiration of the lease, non-payment of rent, breach by the tenant of their obligations or a owner or their family to have a home. It could also be about evicting squatters or occupants who have gained illegal entry

Lopez Legal is at hand to guide you seamlessly through this sometimes difficult process.

Mortgage Repossessions

You will need legal advice before proceeding with a repossession as the bank will need to know that a lawyer is acting on your behalf. The bank is under no obligation to accept a voluntary repossession and therefore it is necessary for a legal professional to deal with the bank to achieve the best outcome for you. If you have a property in Spain that you can no longer afford and you would like to discuss your options then Lopez Legal is at hand to help.

Litigation & Dispute Resolution

Litigation & Dispute Resolution

At Lopez Legal we provide advice on dispute resolution keeping in mind the risks and costs of litigation and the possible outcomes.
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We have experience in managing disputes in the following areas:

∙Family and matrimonial law
∙Enforcement of foreign judgments
∙Breach of contract claims
∙Property disputes
∙Construction claims
∙Debt collection
∙Litigation

It is advisable to address disputes as early as possible to reduce escalation of the dispute and move towards an early resolution.

Damages, Third Party Liability, Personal Injury & Accident Problems

Damages, Third Party Liability, Personal Injury & Accident Problems

At Lopez Legal we have extensive experience in defending and pursuing actions in Spain. We can work on behalf of private claimants along with insurance companies and other law firms.
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We can provide assistance in the following areas:

∙Road Traffic Accident claims and defence
∙Personal Injury & Compensation Claims
∙Injuries in public places such as a fall
∙Injuries sustained while on holiday abroad in Spain representing you or your insurance firm
∙Recover costs from your home, travel or motor insurance
∙Medical negligence
∙General public liability claims
∙Third party liability claims for negligence
∙Third party claims for building defects

We have dealt with some unique actions at Lopez Legal and can effectively resolve complex and unique cases which are our specialty.

Corporate, Company and Commercial Law

Corporate, Company and Commercial Law

Lopez Legal provides specialist legal advice on all aspects of owning and managing a business in Spain. We will help you navigate this sometimes complicated process and work to resolve any issues you face.
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We can do the following:

∙Incorporate Spanish companies
∙Act as an Administrator
∙Deal with mergers & acquisitions
∙Organise the purchase and sale of a Spanish business
∙Set up a local branch
∙Provide legal advice on partnerships and joint venture arrangements
∙Attend company meetings
∙Draft contracts
∙Undertake due diligence
∙Offer translation services

Community Disputes & Administration

Community Disputes & Administration

Resolving disputes before they become expensive and stressful is at the heart of Lopez Legal's ethos.
It is deeply unpleasant when there is a dispute with a neighbour or your community and these issues need to be addressed quickly with efficiency and tact.
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Lopez Legal offers services in the following areas:

∙Resolving disputes between neighbours such as noise, unpaid community fees, foul odours, water leakage, parking spaces, pet disturbance and plot boundaries
∙If diplomacy fails we can try to resolve the dispute within the community of owners who will vote on the issue. If this is not possible court action may have to be taken which we aim to avoid as it can be costly
∙We deal with right of way issues especially in rural properties. This can be a complex topic which will need the assistance of a lawyer
∙We can manage and procure all documents for administrative purposes with regard to the Town Hall, Registry Office and Tax Authorities and any claims and appeals on your behalf

Labour & Employment including unfair dismissal and unpaid wages

Labour & Employment including unfair dismissal and unpaid wages

Lopez Legal has substantial experience in the labour field.
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We can support national and foreign companies or employees that require labour advice in Spain in the following areas:

∙Drafting and modification of employment contracts which are adapted to the specific needs and structure of a company
∙Revision of contractual clauses keeping abreast of new and existing legal regulations in Spain
∙Offer advice regarding terminating a contract and provide solutions and negotiate agreements
∙Negotiate collective bargaining agreements
∙Advice on retirement processes or reemployment in the case of large redundancies
∙Negotiation with workers' representatives, trade unions, and consultations with advisory committees
∙Dealing with all phases of employment regulation proceedings
∙We have appeared many times before the Spanish Social Courts with excellent results
∙Defending individuals regarding new working from home laws in Spain
∙We can act for individuals with regard to many procedures such as unfair dismissal or making a claim for unpaid wages or other labour related grievances

Certificate of Spanish Law

Lopez Legal can help with the following:

∙Provide a Certificate of Spanish law ∙Provide an Affidavit as to Spanish law (often required in UK probate matters) ∙Witness the swearing of an Affidavit ∙Witness the swearing of an Oath ∙Witness the signing of a Land Registry form ∙Witness the declaring of a Statutory Declaration ∙Provide a Certificate of Compliance required by the Land Registry ∙Certify copies of passport, bank statements, and utility bills, etc. ∙Provide official translations of legal documents ∙Organise notarisation and legalisation of Spanish documents for use outside of Spain
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Oaths, Affidavits & Statutory Declarations
An Oath or an Affidavit is a document which needs to be sworn before a solicitor or commissioner for oaths. A Statutory Declaration is much like an Oath or an Affidavit and used for property matters

Immigration

We can assist with the following services with regard to immigration help:

∙Obtaining an NIE
∙Advice on the Spanish Golden Visa Programme
∙Acquiring a Non-Lucrative Residence Visa
∙Getting a Work Permit
∙Obtaining Spanish Residency through Pareja de Hecho (civil partnership) or if you move to live with an EU relative living in Spain
∙Dealing with immigration appeals and court processes

Other Services

Lopez Legal understands that you may not always be able to supervise certain matters when you are abroad, indisposed or need administrative matters handled. Our other services include but are not limited to the following:

∙Supervising utility providers such as electricity and water
∙Organising cleaners, minor repairs, inspections and estimates
∙Overseeing key collection & holding
∙Collection & custody of your post
∙Community administration
∙Property valuation
∙Translations
∙Obtaining legal documents such as birth, marriage or divorce certificates
∙Opening Spanish bank accounts

Lopez Legal is always at hand to help you and can offer any extra service by request for an agreed upon fee.

Legal advice & Information for Non-Residents

Buying and Selling a Property:

If you are non-resident and you are buying a property in Spain you need to engage the services of a lawyer to help you with the purchase process. You will need to do the following with the assistance of Lopez Legal:

∙Verification of ownership
∙Liaising with Land Registry Office and their charges
∙Obtaining an NIE which is your foreign identification number
∙Drafting contracts
∙Organising payments to the seller
∙Check outstanding taxes, community fees and utilities
∙Property transfer and completion by signing a Title Deed in front of a Notary Public
When your purchase is complete you will be required to do the following:
∙Register your property in your name with the Land Registry Office
∙Set up utility services such as electricity in your name and open a Spanish Bank account for direct debit payment
∙You will be required to pay IBI (property tax) annually to the Town Hall
∙If your property is part of a Community of Owners you will have to pay fees to cover the maintenance of the communal areas
∙You will have to pay non-resident tax which is compulsory and paid to the Spanish Tax authorities.
If you are selling a property as a non-resident in Spain you will need to do the following with the help of Lopez Legal:

∙Draft a private contract with agreed terms and conditions
∙Obtain a reservation fee from the buyer, the balance will be received by the seller on completion date
∙The seller must provide the buyer's lawyer with a copy of the property Deeds, tax receipts, a certificate of payment of community fees, invoices from services providers and all documents which prove that all payments are up to date
∙The seller must pay Plusvalia Tax (this is based on an increase in the land value since the last sale). This tax must be paid within 30 days of completion to the Town Hall
∙All non-residents transferring a property in Spain must keep 3% withholding tax on account to cover the eventual Capital Gains Tax.
This 3% is held by the buyer and sent to the Tax Office on behalf of the seller. The seller, within 4 months from completion, must submit a Capital Gains Tax Declaration Form
∙The seller must make sure all payments to service providers are cancelled

Lopez Legal highly recommends you sign a will before a Spanish Notary specifically for all assets that you own in Spain. Please consult the Inheritance, Wills & Family Law section of this website for further information or feel free to email us now with your query.