GB Abogados

Casa
España
Alicante
GB Abogados

Gascon Bernabeu (GB Abogados) is a firm of solicitors with offices in Alicante, Palma de Mallorca &

Gascón Bernabéu Abogados are a firm of English speaking Spanish solicitors offering a wide scope of services. Our team of experienced solicitors are on hand to provide an efficient and reliable service to meet the needs of international clients. GB Abogados specialise in a number of services that are most relevant to international clients. This expertise includes all manner of property related iss

ues, mortgage settlements, conveyancing , probate and marine law. Please feel free to contact us to discuss your circumstances under no-obligation

MOST POPULAR LEGAL SERVICES

- Conveyancing: GB Abogados provide a dedicated conveyancing service for foreign clients who are buying in Spain. Our English speaking solicitors are well versed in meeting the needs of our international clients.

- Probate: GB Abogados offer a prompt and efficient probate service to foreign nationals with assets in Spain.

- Mortgage Settlements: GB Abogados have assisted many clients in difficulty with their mortgages in Spain.

- Property Transfers: GB Abogados offer clients a stress free property transfer service for properties throughout mainland Spain, the Balearic and Canary Islands.

- Family Law: GB Abogados provide a wide range of services to clients who require help with family related issues in Spain. GASCÓN BERNABÉU ABOGADOS
Alicante - London - Mallorca
[email protected]
+34 965 020 279 // +44 (0)203 3137 1320

04/06/2026

Purchasing a boat in Spain can be an excellent investment and a gateway to some of Europe’s most attractive cruising destinations. However, a successful acquisition requires careful attention to legal, technical, and administrative matters.

Before completing any purchase, buyers should ensure that a professional survey is carried out, conduct thorough legal due diligence to verify ownership and identify any outstanding charges or liabilities, review the vessel’s tax and VAT status, and negotiate contracts that fully protect their interests.

Additional considerations include securing a berth, managing the vessel’s de-registration where necessary, and selecting the most appropriate flag and registration structure.

For international buyers, professional legal guidance is essential to ensure the transaction is completed efficiently, compliantly, and with complete peace of mind.

At GB Abogados, we assist clients throughout every stage of the boat acquisition process in Spain, helping them navigate legal, fiscal, and registration requirements with confidence.

https://www.gbabogados.co.uk/buying-a-yacht-in-spain/

03/06/2026

Criminal Record Cancellation in Spain: Implications for Your Legal and Professional Future

The existence of a criminal record registered with the Central Registry of Convicts (Registro Central de Penados) of the Ministry of Justice can become a critical obstacle for expats and international professionals in Spain. Maintaining a clean background is frequently an indispensable requirement for securing visas, residency permits, professional licenses, or accessing specific job positions.

Fortunately, the Spanish legal system grants the right to the cancellation of criminal records, a procedure regulated by Article 136 of the Spanish Penal Code. However, to successfully clear a record, three concurrent requirements must be strictly met:

Full Extinction of the Sentence: The imposed penalty must be completely served, whether it was imprisonment, a fine, or community service.

Satisfaction of Civil Liability: Any court-ordered financial compensation or damages must be paid in full, or the liability must be legally declared expired (prescribed).

Completion of the Legal Waiting Period: The applicant must not have committed any new offenses during a specific timeframe established by law, which starts counting from the day after the sentence was extinguished.

The legal waiting period varies depending on the severity of the original sentence:

6 months for minor offenses.

2 years for sentences not exceeding 12 months and reckless crimes.

3 years for less serious sentences spanning 12 months to 3 years.

5 years for sentences spanning 3 to 5 years.

10 years for serious sentences exceeding 5 years.

An Important Administrative Reality: Although Spanish law technically allows for automatic cancellations (de oficio), administrative practices show that these automated systems frequently experience delays or failures. Therefore, the safest and most efficient path is to file an explicit, formal application supported by the necessary court certificates and identification documents. Once submitted, the Administration has a maximum resolution period of three months.

At GB Abogados, as a law firm specialized in managing international legal matters in Spain, we take care of auditing your criminal record status, gathering the required documentation from the relevant courts, and directing the entire administrative process to guarantee your peace of mind and legal certainty.

If you find yourself in this situation or require expert assistance in any other area of Spanish law, we invite you to reach out to our team for an initial, no-obligation consultation.

Contact us today to evaluate your case and secure your legal future in Spain.
https://www.gbabogados.co.uk/cancel-criminal-record-spain-gb-abogados/

01/06/2026

Property buyers and investors in the Valencian Community will benefit from an important tax reduction from 1 June 2026.

The general rate of the Property Transfer Tax (ITP) applicable to resale residential properties will be permanently reduced from 10% to 9% in the provinces of Valencia, Alicante, and Castellón.

This change represents a significant saving for buyers. For example, the purchase of a resale property valued at €300,000 will result in a €3,000 reduction in transfer tax.

Key points to note:

• The new 9% rate applies to properties valued up to €1,000,000.
• Properties purchased for more than €1,000,000 will continue to be taxed at 11%.
• The applicable tax rate is determined by the date the public deed (escritura pública) is signed before the notary.
• Transactions completed before 1 June 2026 remain subject to the previous 10% rate.

This measure further enhances the attractiveness of the Valencian Community as a destination for international property buyers and investors.

At GB Abogados, we assist foreign clients throughout the entire property acquisition process in Spain, providing expert legal and tax advice to ensure a smooth and secure transaction. Our services include due diligence, tax planning, Power of Attorney arrangements, and coordination with banks and notaries.

If you are considering purchasing property in Spain and would like guidance on how this tax change may affect your transaction, please contact our team for a no-obligation consultation.

25/05/2026

Understanding Usufruct and Property Rights in Spanish Civil Law

In Spain’s real estate and estate planning sectors, the concept of Usufruct (Usufructo) is a fundamental legal mechanism. It involves the separation of property rights into two distinct legal interests, a structure that frequently impacts international buyers, investors, and heirs.

The division establishes two distinct legal entities:

The Usufructuary (Usufructuario): Holds the right to use and enjoy the asset (usus and fructus). This individual is entitled to occupy the property or rent it out to retain the resulting yields. Consequently, they are generally responsible for ordinary maintenance costs, utilities, and community fees.

The Bare Owner (N**o Propietario): Holds the legal title to the property (nuda propiedad) but lacks immediate rights of possession or enjoyment. Their rights remain restricted until the usufruct is legally extinguished. The bare owner is typically liable for ownership-related taxes, such as the Real Estate Tax (IBI).

Economic Valuation for Tax Purposes
Accurately valuing a usufruct is essential for determining the taxable base for Transfer Tax (ITP) or Inheritance and Gift Tax (ISD) in Spain:

Life Usufruct (Usufructo Vitalicio): The valuation depends on the age of the usufructuary at the time of the transaction, calculated using the statutory formula:

Usufruct Value (%)=89−Age of the Usufructuary
This value is legally bound by a maximum cap of 70% and a minimum floor of 10% of the property’s total value.

Temporary Usufruct (Usufructo Temporal): Established for a fixed term, it is valued at 2% of the property's total value for each year of duration, up to a maximum limit of 70%.

Consolidation of Full Ownership (Pleno Dominio)
A bare owner can acquire unrestricted ownership of the property prior to the natural expiration of the usufruct through a process known as consolidation. This requires a formal transmission agreement where the bare owner purchases the usufructuary rights.

To be legally binding against third parties, the transaction must be formalized via a Public Deed before a Spanish Notary and subsequently registered in the corresponding Property Register (Registro de la Propiedad), effectively extinguishing the usufruct charge.

Expert Legal Assistance in Spain

Whether you are navigating cross-border inheritance proceedings or managing complex property transactions in Spain, GB Abogados provides specialized legal and fiscal counsel.

For a free, no-obligation consultation with our legal team, please contact us:

Telephone: +44 (0)203 137 1320

Email: [email protected]

Website: gbabogados.co.uk

20/04/2026

Owning property in Spain remains popular among UK buyers—but the tax side isn’t always as straightforward as it seems.

Even if your property isn’t rented out, you may still need to pay tax. Spain applies *imputed income*, meaning a notional value is taxed annually based on the property’s cadastral value. It’s often a small amount, but it must be declared each year via Modelo 210.

If you rent the property, the system changes. Tax is based on actual income (typically 19% for UK residents), with allowable deductions for expenses. However, returns must be filed quarterly, not annually—something many owners overlook.

Selling the property introduces Capital Gains Tax, and a 3% retention is applied at the point of sale as an advance payment. In some cases, Wealth Tax may also apply for higher-value assets, depending on regional rules.

In practice, the biggest challenge isn’t usually the tax itself—but keeping up with the deadlines and requirements. With increased enforcement in recent years, staying organised and informed is key to avoiding penalties.

With the right guidance, managing Spanish property tax can be straightforward and routine.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/non-resident-tax-in-spain/

20/04/2026

Owning property abroad doesn’t always go to plan. Changes in income, rising costs, or rental issues can make mortgage payments in Spain difficult—especially for non-resident owners unfamiliar with the system.

The key is to act early. Spanish banks may offer solutions depending on your circumstances, particularly if you present your situation clearly and realistically. Options can include restructuring the mortgage or negotiating new terms.

In more complex cases, a long-term solution like *dación en pago* may be considered—an agreement where the property is returned to the bank in exchange for cancelling the outstanding debt, avoiding lengthy legal proceedings.

Each situation is different, whether due to unemployment, reduced income, divorce, negative equity, or rental shortfalls. What matters is addressing the issue before it escalates, as early action usually means more flexibility and better outcomes.

With the right legal guidance, even challenging situations can be resolved in a structured and manageable way—helping restore clarity and financial stability.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/cant-pay-your-spanish-mortgage-we-can-help/

14/04/2026

If you need to use UK documents in Spain, it is important not to overlook a key requirement: legalisation (apostille).

Spanish authorities do not automatically recognise documents issued in the UK. In most cases, these documents must be legalised by the UK’s Foreign, Commonwealth & Development Office (FCDO), which verifies the authenticity of the signature and issues an apostille certificate. This process ensures that the document is valid for use in Spain under the Hague Apostille Convention.

Legalisation is commonly required in situations such as property transactions, inheritance matters, granting Powers of Attorney, and dealing with tax or legal procedures in Spain.

The types of documents involved may include birth, marriage and death certificates, Powers of Attorney, wills, court documents, and corporate records, among others. It is essential that these documents are correctly signed or certified by an authorised UK official, such as a solicitor or notary, before beginning the legalisation process, as errors at this stage can lead to delays or rejection.

At Gascon Bernabeu, we assist UK clients throughout this process, ensuring that documentation is properly prepared and recognised in Spain, helping to avoid unnecessary delays.

We offer free, no-obligation consultations for those who require guidance or further information.

GB Solicitors. Making Spanish law simple.

https://www.gbabogados.co.uk/how-to-legalise-uk-documents-for-use-in-spain/

31/03/2026

Resolution of International Trade Disputes in Spain

International trade relationships are built on trust and clearly defined agreements. However, disputes can arise even in seemingly straightforward situations, such as delivery delays, disagreements over payment terms, or differing interpretations of a contract.

When a dispute involves a Spanish company, factors such as language, legal differences, and varying business practices can add complexity to the process. In this context, having specialized legal advice is essential to manage the situation with confidence and sound judgment.

Before resorting to court proceedings, many disputes can be resolved through alternative methods such as negotiation, mediation, or arbitration. These approaches are often more efficient, flexible, and help preserve commercial relationships.

In cases where legal proceedings become necessary, the process in Spain involves several stages, including determining jurisdiction, submitting pleadings and evidence, trial, and, where applicable, the possibility of appeal. Although more formal, this route provides a clear and enforceable outcome.

At Gascon Bernabeu, we advise international businesses at every stage of a trade dispute, from defining the initial strategy to representation in court, always with a practical, results-oriented approach.

If you are facing a trade dispute in Spain, you may contact our team for an initial, no-obligation consultation.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/how-to-resolve-trade-disputes-in-spain/

24/03/2026

Moving to Spain is an increasingly popular choice for UK buyers, often evolving from a holiday destination into a long-term lifestyle decision driven by climate, quality of life, and location diversity.

Choosing where to live is a key first step. Coastal areas such as Costa Blanca and Costa del Sol offer well-established international communities, while cities like Valencia and Alicante combine urban living with coastal access. Inland locations can provide more space and better value, appealing to those seeking a quieter pace of life.

However, buying property in Spain differs significantly from the UK. Greater responsibility lies with the buyer to verify ownership, identify any debts, and ensure the property is correctly registered.

When purchasing from abroad, these challenges can become more complex. Having experienced legal support in place is essential to manage due diligence, coordinate the process, and act on your behalf where necessary.

Getting the right advice from the outset not only simplifies the process but also protects your investment and gives you confidence at every stage.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/the-first-step-to-buying-a-property-in-spain/

02/03/2026

If you’ve inherited a property in Spain, you may be wondering how soon you can sell — especially when ongoing costs like community fees, utilities and local taxes continue to accrue.

The key point: you cannot sell until the inheritance has been formally completed and the property is registered in your name at the Spanish Land Registry. There is no legal waiting period after that — delays usually arise during probate, not the sale itself.

Before you can sell, you must:

- Obtain the death certificate and Certificate of Last Will

- Locate the Will (or complete a declaration of heirs if there isn’t one)

- Sign the Deed of Inheritance before a Spanish Notary

- Calculate and file Spanish Inheritance Tax (usually within 6 months)

- Register the property in your name at the Land Registry

In straightforward cases, this process can take a few months. Delays are often caused by missing documents, overseas heirs, translations, or beneficiary disputes.

Once the inheritance is finalised and registration completed, the property can be marketed and sold immediately.

We offer a fully managed probate and sale service in Alicante — handling the inheritance process, tax filings, registration, marketing and conveyancing through to completion. With Power of Attorney, everything can be managed remotely, and legal fees are deducted on completion.

If maintaining an inherited property in Spain isn’t practical, there is a clear legal route to sale — it just needs to be handled in the right order.

GB Solicitors. Making Spanish law simple

https://www.gbabogados.co.uk/how-soon-can-you-sell-an-inherited-property-in-spain/

Dirección

Avenida MaisonnAvenida 41, 3rd Floor
Alicante
03003

Página web

http://www.gbabogados.co.uk/

Notificaciones

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