Joint property ownership and living in Spain, how has it changed?

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Joint property ownership and living in Spain

THE period of 180 days per year of staying in Spain affects both the EU and non-EU citizens, either for tax or for visa reasons. Brexit and the ending of the transition period has certainly changed things for UK citizens.

However, there is no need to worry about coming to live here in Spain. We have helped a huge number of people and every residency or residencia application we have made at Just Law Solicitors has been successful.

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As a lawyer here in Spain one of the more common questions I get asked by citizens of the United Kingdom and the rest of non EU citizens is how long can I spend in Spain now Brexit has happened, and the transition period has ended

As a citizen of a non EU country if you don’t want to be a resident in Spain, the maximum time you can spend is 90 days in a 180-day period.  More than 90 days you will need your residencia and more than 183 days you will have to pay your taxes in Spain, whether you are an EU citizen or non-EU citizen.

So, what if you just want to spend 90 days in a 180-day period?  Well, nothing has changed, you can buy a property, a car, have a mobile phone contract, life just continues as it did before the UK left the European Union.


However, some people are rightly concerned about the tax, property expenses and security issues with their Spanish property being left unattended for six months of the year.  What is the solution?  I am old enough to remember timeshare here in Spain, the solution is not the timeshare you may have heard of.

Rather two or more people buy a property in Spain and form a mini community with rules.  That way your property can be occupied all year round and share costs.

Basically, if all the owners agree then you can enjoy your property as you wish. So, has the infamous timeshare returned?  Most certainly not, maybe the best name for it is private co-ownership.


So, if you want to buy a property on this basis or just for yourself and you know an independent lawyer, get in touch with our English-speaking staff for a no obligation quote, or any other qualified independent lawyer here in Spain.  Remember you can buy a property without viewing, but I do not advise that you do this.

Once you have made an offer via the Estate Agent or direct to the private owner, do not sign or pay anything until you have taken some advice.

When you are choosing your lawyer, it is important to get the lawyer’s practising number, that way you can check with the Bar Association that they are actually a lawyer and that they are currently authorised to practise.

This is important because if something goes wrong, the lawyer will be insured by the Bar Association. Just Law Solicitors are regulated by the Bar Association in Malaga.

Marisa Moreno Senior Lawyer at Just Law Solicitors and Consul for Denmark. Est. 1992 www.justlawsolicitors.com[email protected]

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