GB Abogados

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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 issues, 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

19/10/2026

Withdrawing from an Off-Plan Property Purchase in Spain: Your Legal Rights

Purchasing an off-plan property in Spain involves significant financial commitments. However, when a developer fails to meet its contractual or legal obligations, buyers may have grounds to terminate the purchase agreement and recover their advance payments.

When may termination be justified?

Depending on the circumstances and the terms of the contract, potential grounds for termination include:

-Construction delays: Failure to deliver the property within the agreed timeframe, where the delay constitutes a legally relevant breach.
-Defects or specification changes: Material defects or significant deviations from the agreed specifications.
-Missing occupancy authorisation: Failure to obtain the required First
Occupation Licence or other applicable authorisation.
-Unlawful construction: Serious planning or licensing irregularities affecting the legality of the development.
-Missing payment guarantees: Failure to comply with the legal requirements for securing advance payments made by the buyer.
What legal remedies are available?

Under Article 1124 of the Spanish Civil Code and the applicable legislation governing building construction and advance payments, buyers may be entitled to seek contractual termination and the recovery of amounts paid, together with applicable legal interest, where the relevant legal requirements are met.

Where a developer becomes insolvent, claims may also be brought against a bank or insurer, depending on the applicable statutory obligations, the guarantees in place and the circumstances in which the payments were received.

How can GB Abogados assist?

We advise and represent international buyers throughout Spain, including through:

-Reviewing purchase contracts, payment records, building licences and guarantees.
-Sending formal legal notices to developers, banks and insurers.
-Assessing and pursuing potential claims for the recovery of advance payments and applicable interest.
-Arranging representation through a Power of Attorney, where appropriate, allowing clients to manage proceedings in Spain without necessarily travelling.

https://www.gbabogados.co.uk/withdrawing-from-an-off-plan-property-purchase-in-spain/

13/10/2026

Litigation in Spain from the United States: Cross-Border Legal Representation

Pursuing legal action in Spain from the United States does not necessarily require you to travel. With the appropriate legal representation and procedural arrangements, both companies and individuals can manage Spanish litigation remotely.

At GB Abogados, we assist US-based clients with a wide range of legal proceedings in Spain, including commercial disputes, contractual claims, debt recovery, real estate litigation, inheritance matters, and the recognition and enforcement of US court judgments through the exequatur procedure, where applicable.

Our services include:

Legal representation: Coordination with Spanish lawyers (abogados) and court representatives (procuradores), where required, through an appropriately executed Power of Attorney (poder para pleitos).
Document preparation: Guidance on notarization, apostille requirements, sworn translations, and the formalities applicable to foreign documents.
Litigation and enforcement: Assessment of potential claims, initiation of proceedings, and assistance with the recognition and enforcement of foreign judgments, subject to applicable legal requirements.
Transparent communication: Regular case updates, procedural guidance, and direct communication with your legal team.
Every cross-border dispute requires an individual assessment of jurisdiction, applicable law, documentary requirements, and procedural options.

GB Abogados offers a free, no-obligation initial consultation to discuss your circumstances, assess potential legal avenues, and explain the anticipated procedural steps and costs.

Contact our team to explore your legal options in Spain.

https://www.gbabogados.co.uk/how-to-start-litigation-proceedings-in-spain-from-the-usa/

07/10/2026

Joint Property Ownership in Spain: Key Legal Considerations
Joint ownership of property in Spain (copropiedad or pro indiviso) can become challenging when co-owners disagree about use, expenses, management, or the future of the property.

Under the Spanish Civil Code, co-owners generally have the right to use the property without preventing the other owners from exercising their rights. They are also responsible for contributing to necessary property expenses in proportion to their ownership shares, including taxes, community fees, maintenance, and other essential costs.

Disputes commonly arise in inherited properties, particularly when one heir wishes to retain and use the property while another prefers to sell or realise their share.

When an agreement cannot be reached, several options may be considered:

Formal out-of-court communication: A burofax can formally notify the other co-owner and document an attempt to resolve the dispute.

Extinction of co-ownership: One co-owner may acquire the other’s share through an extinción de condominio, subject to the applicable legal and tax requirements.

Agreed sale: The property can be sold to a third party, with the net proceeds distributed according to the respective ownership shares.

Court proceedings: As a general principle, no co-owner can be forced to remain indefinitely in a co-ownership arrangement. If agreement is impossible, a claim for división de cosa común may be brought before the Spanish courts.

A judicial process can ultimately result in the termination of the co-ownership and, where necessary, a judicial auction. This option can involve additional costs, delays, and the risk of achieving a less favourable sale price than through a negotiated transaction.

For this reason, early legal advice and a structured negotiation are often the most effective ways to protect each co-owner’s interests and avoid unnecessary litigation.

Joint ownership disputes in Spain require careful consideration of property law, inheritance law, taxation, and procedural strategy. Professional legal advice should be obtained based on the specific circumstances of each case.

https://www.gbabogados.co.uk/understanding-the-legal-rights-of-joint-property-owners-in-spain/

03/09/2026

International Commercial Contracts: Key Clauses for Doing Business with Spain

International commercial relationships involve not only different markets and business practices, but also different legal systems and regulatory frameworks. In this context, a carefully drafted contract is essential to mitigate risks and provide legal certainty.

When entering into a commercial relationship with a Spanish company, particular attention should be given to the following provisions:

• Identification of the contracting parties, including their full legal names, tax identification numbers and registered offices.

• Detailed definition of the goods or services, including applicable technical specifications, quality standards, quantities and contractual obligations.

• Governing law and jurisdiction, expressly determining the applicable law and the competent courts or arbitral tribunal.

• Dispute resolution mechanisms, including negotiation, mediation and, where appropriate, arbitration.

• Force majeure and hardship provisions, establishing appropriate mechanisms for circumstances that materially affect contractual performance.

• Termination provisions, clearly regulating termination for cause and, where appropriate, termination for convenience.

• Retention of title and contractual penalties, particularly in transactions involving the supply of goods, payment obligations or non-performance.

A contract suitable for an international transaction requires more than a simple translation. It should be adapted to the applicable legal framework and take into account the specific implications of Spanish law.

At Gascón Bernabéu, we advise international companies on the drafting, review and negotiation of commercial agreements involving Spain, with the aim of providing effective legal protection and greater certainty in cross-border transactions.

https://www.gbabogados.co.uk/preventing-trade-disputes-crucial-clauses-for-your-international-contracts/

01/09/2026

Cross-Border Probate: Statements of Spanish Law for the UK Probate Registry

Dealing with an estate that includes assets in both the United Kingdom and Spain can present complex legal and procedural challenges.

In cross-border probate matters, the UK Probate Registry may request a Statement of Truth of Law or Affidavit of Spanish Law where Spanish succession law is relevant to determining entitlement to the estate.

This expert evidence may be required to establish:

The applicable rules of succession.
The individuals who are beneficially entitled to the estate under Spanish law.
Whether any minority interests, life interests or other succession rights arise.
The relevant provisions of the Spanish Civil Code governing the estate.
For UK solicitors and families dealing with these matters, obtaining specialist advice in Spanish civil and succession law can be essential to ensuring that the Probate Registry receives clear and authoritative evidence.

At GB Abogados, we regularly assist UK solicitors and families with Spanish probate and succession matters, including the preparation of Statements of Truth addressing the requirements of the UK Probate Registry.

Our service includes:

Specialist legal expertise in Spanish civil and succession law.
Professionally prepared documentation in English, suitable for submission to the UK Probate Registry.
Reference to the relevant provisions of the Spanish Civil Code.
Fixed-fee services, providing clarity and transparency from the outset.
Efficient turnaround times to help avoid unnecessary delays in the probate process.
If you are dealing with a UK probate application involving Spanish assets or Spanish succession law, our team can assist in addressing the legal evidence required by the Probate Registry.

Contact GB Abogados to arrange an initial no-obligation consultation and discuss how we can assist with your cross-border probate matter.

https://www.gbabogados.co.uk/statement-of-truth-of-law-uk-probate-office-request/

13/08/2026

Entering the Spanish Market: Why a NIF Is Essential for Your Business
Expanding into Spain can open the door to new customers, investment opportunities, and a stronger presence across the European market.

One of the first legal steps for a foreign company establishing business activities in Spain is obtaining a Spanish Tax Identification Number, known as the NIF (Número de Identificación Fiscal).

Although it is still commonly referred to as a CIF, NIF is the official term currently used by the Spanish tax authorities.

A Spanish NIF is essential for a wide range of business activities, including:

• Importing and exporting goods
• VAT registration and tax compliance
• Hiring employees and managing Social Security obligations
• Opening a Spanish corporate bank account
• Signing commercial agreements and issuing invoices
• Investing in Spanish companies or acquiring business property

At Gascón Bernabéu, we assist international companies throughout the NIF registration process, providing practical legal support from documentation preparation to the appointment of a representative in Spain.

Our team can assist with:

• Reviewing and preparing the required corporate documentation
• Drafting bilingual Powers of Attorney
• Guiding you through notarisation and apostille requirements
• Managing the NIE application for the company’s designated director
• Completing the NIF registration with the Spanish authorities

Importantly, the process can generally be managed without the company’s representatives travelling to Spain.

Obtaining a NIF is not simply an administrative formality. It is a fundamental step towards establishing a compliant and operational business presence in Spain.

Whether you are considering entering the Spanish market or are ready to begin the registration process, our English-speaking legal team can provide clear guidance tailored to your company’s circumstances.

Contact Gascón Bernabéu for a complimentary, no-obligation consultation and take the first step towards establishing your business in Spain.

https://www.gbabogados.co.uk/registering-foreign-company-spain-nif-guide/

13/08/2026

RENOUNCING AN INHERITANCE IN SPAIN: WHAT YOU NEED TO KNOW

In Spain, inheriting an estate means inheriting both its assets and its liabilities. For beneficiaries facing an estate with significant debts, costly properties, or ongoing financial obligations, renouncing the inheritance may be an important option to consider.

Renunciation can be particularly relevant where:

The estate’s debts exceed the value of its assets.

A property has fallen into substantial disrepair.

The property is difficult or costly to sell.

Ongoing expenses such as community fees, property taxes, maintenance, or other liabilities would create a financial burden.

A common misconception is that the beneficiary must travel to Spain to formalise the renunciation. In many cases, this can be handled remotely through a Power of Attorney.

The process generally involves:

Preparing a specific Power of Attorney authorising a legal representative to act on your behalf.

Signing the document before a notary in your country of residence.

Using the Power of Attorney to execute the formal deed of renunciation before a Spanish notary.

However, Spanish inheritance law involves important legal and tax considerations, and the consequences of renunciation can vary depending on the circumstances of the estate and the beneficiary.

If you have been named as a beneficiary of an estate in Spain and are unsure whether accepting the inheritance is the right decision, professional advice should be obtained before taking any action.

We offer confidential, no-obligation consultations to assess your circumstances and explain the options available to you.

https://www.gbabogados.co.uk/renounce-an-inheritance-in-spain/

10/08/2026

Property Transfer Tax (ITP) in Spain: What International Buyers Need to Know in 2026

Buying a property in Spain involves several costs, and for international buyers, understanding the Impuesto de Transmisiones Patrimoniales (ITP) is essential for accurate financial planning.

What is ITP?

ITP is an indirect tax paid by the buyer when purchasing a resale (second-hand) property in Spain.

New-build properties are generally subject to 10% VAT (IVA) plus Stamp Duty (AJD) instead of ITP.

How is ITP calculated?

The tax is applied to the taxable base, which is generally the higher of the declared purchase price or the official Valor de Referencia (Reference Value) assigned by the Spanish Cadastre.

2026 General ITP Rates by Autonomous Community

• Andalucía: 7%
• Aragón: 8%–10%
• Asturias: 8%–10%
• Balearic Islands: 8%–13%
• Canary Islands: 6.5%
• Cantabria: 9%
• Castilla-La Mancha: 9%
• Castilla y León: 8%–10%
• Catalonia: 10%–13%
• Ceuta: 6%
• Madrid: 6%
• Murcia: 8%
• Navarre: 6%
• País Vasco: 7%
• La Rioja: 7%
• Valencian Community: 9% for properties valued up to €1,000,000
• Extremadura: 8%–11%
• Melilla: 6%

Important: The applicable rate may depend on the property's value and the buyer's personal circumstances. Several Autonomous Communities offer reduced rates for specific groups, including young buyers, large families and purchasers acquiring their primary residence.

In the Valencian Community, the general rate was reduced from 10% to 9% from 1 June 2026 for properties valued up to €1 million. Properties exceeding €1 million remain subject to the 11% rate.

Legal Assistance for International Property Buyers

At Gascón Bernabéu Abogados, our English-speaking Spanish solicitors provide comprehensive conveyancing services for international clients, supporting you throughout the entire property purchase process.

Our services include:

• Legal and title deed checks
• Notary and property registration support
• Power of Attorney arrangements
• ITP calculation and tax compliance
• Assistance with Modelo 210 and other non-resident tax obligations
• Identification of outstanding debts, community fees and registry issues
• Clear communication in English throughout the transaction

Whether you are purchasing a holiday home, investment property or permanent residence, professional legal advice can help you understand your tax obligations, avoid unexpected costs and ensure that the transaction is handled correctly.

Considering buying property in Spain?

We offer a free, no-obligation consultation to discuss your circumstances and explain how we can assist you.

https://www.gbabogados.co.uk/property-transfer-tax-in-spain/

22/07/2026

Separating from a spouse or partner is never easy, and when a jointly owned property in Spain is involved, the legal and financial implications can be significant.

The most effective solution is always an amicable agreement, whether through the sale of the property on the open market or by one co-owner buying out the other's share. Reaching an agreement can save considerable time, costs, and unnecessary stress.

When negotiations fail, legal proceedings may become necessary. A court-ordered sale is often the last resort, as it can be lengthy, expensive, and leaves the outcome in the hands of the courts.

If you have been denied access to a property you co-own, or if you are facing difficulties reaching an agreement, it is important to understand your legal rights and seek advice as early as possible.

At GB Abogados, we assist clients throughout the entire process, helping them protect their interests and identify the most practical and effective solution for their circumstances.

If you are dealing with a property dispute following a separation, our team is available to provide a free, no-obligation consultation.

https://www.gbabogados.co.uk/selling-jointly-owned-property-in-spain-after-a-separation/

15/07/2026

If you have been appointed by a U.S. court as a guardian or conservator and need to manage assets, property, or legal affairs in Spain, it is important to understand that your U.S. court order is not automatically enforceable in Spain. Before you can act on behalf of the protected individual, the order must be formally recognized by the Spanish judicial system.

The recognition process typically involves several key steps. First, the U.S. court order must be authenticated with an Apostille under the Hague Convention. Both the court order and the Apostille must then be translated into Spanish by an officially sworn translator recognized in Spain.

To allow legal representation before the Spanish courts and public authorities, it is also necessary to grant a Spanish Power of Attorney to a qualified lawyer. This enables legal counsel to file the recognition application, liaise with banks, land registries, tax authorities, and other institutions, and complete the necessary legal formalities on your behalf.

Once the application is filed, the Spanish court will examine whether the U.S. order is compatible with Spanish law, particularly the legal framework governing the protection of individuals with disabilities and the administration of their assets. Depending on the nature of the assets involved, additional documentation may be requested, including property records, tax information, or other supporting evidence.

As cross-border recognition proceedings can be complex and often take several months, obtaining experienced legal advice from professionals familiar with both U.S. and Spanish legal systems is essential.

At GB Abogados, we regularly assist U.S. guardians, conservators, trustees, and their advisors with the recognition of foreign protective orders in Spain. Our bilingual team provides practical guidance throughout every stage of the process, helping clients navigate Spanish legal requirements efficiently while safeguarding the interests of the protected individual.

https://www.gbabogados.co.uk/registering-a-us-guardianship-or-conservatorship-order-in-spain/

Dirección

Avenida MaisonnAvenida 41, 3rd Floor
Alicante
03003

Página web

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

Notificaciones

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