mother

[telboy52]

hello my mother lives in spain she is retired but now wants to come back but my dad died 18 years ago out there at the time she did not no that she had to pay deathdutys now she wants to sell the her house but she thinks the amount owd ? would be more than the value of the house but the council wont do anything for her until she sells the house she thinks if she signs it over to my brother he lives in spain it would solve this problem is this fact can any one help thanks

[Ethel]

Spanish properly law is a minefield and extremely complex, especially as it was 'normal' to declare an undervalue on purchase to save taxes up until two or three years ago.

This has been stamped out with the result that many sellers have to declare an artificially high profit, which is subject to all sorts of taxes and duties.

Your mother needs to engage a specialist property and inheritance lawyer in Spain.

As for the council in the UK - if they suspect she has given away her assets they will be very reluctant to help.

[bednobs]

do you mean she wants the council to house her and can't pay for herself?
I would think she would be a very low priority, being as that on the face of what you are saying she hasnt contributed anything to this country in taxes for at least 18 years, she has property and could easily stay in it if she cant afford to get a place over here

[netibiza]

She can most certainly sign(or sell) the Spanish property over to her son, but "he" would have to pay the tax as on a normal sale. It would appear as a sale. She would have to have "usofructo"on it, which means she can live there in her lifetime if wanted, and on her death the son would have to make a declaration to remove the usofructo. This means the house would not be hers.