Illustration by Jesús Benavides Lima

Notarial blog and other practical content

Don't look for any legal master classes in this blog. Just simple answers to different legal situations in which any person may find him/herself in the course of his/her life.
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Proceedings and powers of attorney
Family
Prosecutor
Real estate and mortgage
Legitimations
Mercantil
Other miscellaneous
Inheritance and donations
Top 20 community of neighbors queries
Real estate and mortgage
I answer the many questions about common and everyday situations that occur in communities of neighbors.
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Real estate and mortgage
Real estate and mortgage
What is a notarial real estate auction?
Real estate and mortgage
In this article we will try to analyze what notarial real estate auctions are, what types exist, how they are regulated and what is the procedure to be followed.
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Real estate and mortgage
Real estate and mortgage
 If I am married, do I need the consent of the other spouse to buy and mortgage, on my own, the family's primary residence?
Real estate and mortgage
Discover the new rules for those cases in which it is one of the spouses or partners who acquires the property alone.
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Real estate and mortgage
Real estate and mortgage
 New guarantees to finance the "down payment" of your home
Real estate and mortgage
Last Tuesday, February 13, 2024, the Council of Ministers approved an agreement to create a line of guarantees. Discover all the key points and its requirements.
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Real estate and mortgage
Real estate and mortgage
What's new 2024 in mortgage commissions
Real estate and mortgage
We begin the year 2024 with relevant novelties regarding mortgage commissions, especially for those debtors who are thinking of early amortization of their mortgage loans.
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Real estate and mortgage
Real estate and mortgage
10 key ideas to understand the new law on the digitalization of notaries
Other miscellaneous
This end of 2023 brings us, as a great novelty, the entry into force of Law 11/2023, which, in the notarial field, means the introduction of great novelties.
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Other miscellaneous
Other miscellaneous
What formalities do I have to do with the bank when I accept an inheritance with money?
Inheritance and donations
Banking procedures are one of the main concerns of heirs. Discover the important keys.
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Inheritance and donations
Inheritance and donations
What you should know if you are going to buy an off-plan or new construction home
Real estate and mortgage
Discover the essential requirements and guarantees to take into account when buying a new building.
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Real estate and mortgage
Real estate and mortgage
The novel concept of "de facto guardianship" and its practical application in day-to-day life
Family
The de facto guardianship is the star measure of protection chosen by the legislator, thus responding to a sociological reality in this area, that is, the fact that in most cases, it is the family environment (parents, children, siblings, etc.) who provide support and assistance to disabled persons.
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Family
Family
The importance of deadlines in the legal world: How are they computed?
Other miscellaneous
There are many examples in which legal deadlines are key factors for the proper exercise of our rights. A proper understanding of this reality becomes key and very important for citizens.
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Other miscellaneous
Other miscellaneous
Domestic Partnership in Spain. The updated guide for 2023
Family
Discover the requirements and obligations of forming a Domestic Partnership in Spain. This complete guide offers you everything you need to know to understand the current laws and procedures.
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Family
Family
What happens when there is no reference value? What value do I have to declare at the time of liquidating the Transfer Tax?
Real estate and mortgage
Since the entry into force of the famous "reference value" at the beginning of 2022, as a key element for calculating the ITP taxable base in the sale and purchase of real estate, the taxation of these transactions has been greatly simplified.
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Real estate and mortgage
Real estate and mortgage
How can I rectify an error in the square meters of my apartment registered in the Land Registry?
Real estate and mortgage
It is common to find apartments registered in the Land Registry, whose dimensions or description do not correspond to their physical reality. We explain you how to rectify it.
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Real estate and mortgage
Real estate and mortgage
The electronic public document: Basic concepts to handle
Other miscellaneous
In a few months, Spain will experience a true revolution in the notarial sector, thanks to the implementation of the electronic protocol and the possibility of granting public documents telematically.
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Other miscellaneous
Other miscellaneous
The importance of the Land Registry in Spain and its reflection through informative simple notes
Real estate and mortgage
The Spanish real estate market is one of the most dynamic in the world, partly thanks to the great system of preventive legal security that exists thanks to the Notaries and Property Registrars.
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Real estate and mortgage
Real estate and mortgage
What identification documents can I bring to the Notary to sign my deed?
Other miscellaneous
One of the most common questions that many clients ask us, is everything related to what document or documents they should bring. Here we explain everything.
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Other miscellaneous
Other miscellaneous
Did you know that... to become a notary it is necessary to have a law degree and then study a tough competition?
Other miscellaneous
Access to the Spanish Notary's Office is through a competitive examination system, in which the best candidates are selected to take part in the corresponding selective processes to obtain the title of Notary Public.
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Other miscellaneous
Other miscellaneous
Did you know that... notaries are not allowed to advertise?
Other miscellaneous
Although it may seem somewhat strange, Notaries, given their status as public officials, have strict limitations on advertising or marketing activities.
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Other miscellaneous
Other miscellaneous
Did you know that... notaries always keep all notarial documents that are signed before them?
Other miscellaneous
When a citizen executes a deed, he/she should know that the original of the public instrument he/she signs, which is called the parent deed, will be incorporated into the notarial protocol of that Notary Public.
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Other miscellaneous
Other miscellaneous
Did you know what... a notary is needed and useful for in Spain?
Other miscellaneous
The Notary Public is a public official whose main mission is to provide society with what is known as preventive legal security.
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Other miscellaneous
Other miscellaneous
Did you know that... notaries are not only civil servants but also self-employed professionals?
Other miscellaneous
The Notary, in addition to being a civil servant, is a legal professional, so that, unlike the vast majority of civil servants, he/she does not receive any amount from the State.
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Other miscellaneous
Other miscellaneous
Did you know that... notaries have a territorial limit for signing?
Other miscellaneous
Each Notary Public, by law and based on his or her appointment, is assigned to a locality, so that he or she is only empowered to give public faith within the locality to which he or she is assigned.
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Other miscellaneous
Other miscellaneous
Did you know that... if you do not agree with the professional performance of a notary public, you can file a complaint with his or her Notary Association?
Other miscellaneous
Notaries, as public officials, within the framework of their performance, must comply with the law in force, otherwise, they are exposed to the imposition of serious sanctions.
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Other miscellaneous
Other miscellaneous
Did you know that... notaries travel to sign outside their notary offices?
Other miscellaneous
In some cases the notary may travel to sign outside his office. We tell you all the details about it.
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Other miscellaneous
Other miscellaneous
Did you know that... there is a notary on call for emergency cases on holidays and weekends?
Other miscellaneous
In urgent cases you can count on a notary outside normal office hours. We tell you all the details.
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Other miscellaneous
Other miscellaneous
Did you know that... the opening hours of a notary's office, as well as its holiday periods, may be different?
Other miscellaneous
The opening hours of the notary's office can be freely fixed by the notary. We explain it in detail, as well as the vacation issue.
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Other miscellaneous
Other miscellaneous
Did you know that... all notaries should be paid the same?
Other miscellaneous
Clients who go to the Notary's office to sign a public document must pay the Notary the corresponding amounts, which take the legal form of a fee.
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Other miscellaneous
Other miscellaneous
Did you know... you can choose the notary you want?
Other miscellaneous
Any person interested in executing a public document before a notary may choose from among the 3,000 notaries in Spain.
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Other miscellaneous
Other miscellaneous
When I buy a property, can I claim damages discovered after the purchase from the seller?
Real estate and mortgage
Discover a practical guide in case you encounter damages after the sale of your property.
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Real estate and mortgage
Real estate and mortgage
Do you want to understand better and in more detail than that of incorporating a company with 1 euro?
Mercantil
The so-called "create and grow" law introduces options to create a company in an ultra-fast way. Learn about the advantages and disadvantages here.
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Mercantil
Mercantil
What is this about the new "Startups" law?
Mercantil
Find out about all the current aspects that any interested party should take into account when starting a new emerging or innovative business project.
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Mercantil
Mercantil
Practical guide to support measures for troubled mortgagors
Real estate and mortgage
Discover several interesting measures that have been launched to support mortgagors in financial distress.
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Real estate and mortgage
Real estate and mortgage
Why do I have to wait 10 days to sign my mortgage? And in Catalonia, why is it 14 days?
Real estate and mortgage
The current legislation is designed to protect the mortgagor. Find out here about the deadlines to take into account when signing your mortgage.
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Real estate and mortgage
Real estate and mortgage
If you have an adjustable rate mortgage, these legislative changes are of interest to you.
Real estate and mortgage
Learn about the new regulations that were urgently approved on 11/23/2022 and that impact mortgage debtors.
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Real estate and mortgage
Real estate and mortgage
How to obtain your NIF at a notary's office
Legitimations
With the new regulations you will now be able to apply for your NIF quickly, easily and simply at any Notary's office in Spain. Find more information in this article.
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Legitimations
Legitimations
Practical guide: Reference value: What is it and what is it for?
Real estate and mortgage
Since the entry into force of the "reference value" at the beginning of the year 2022, this issue is one of the ones that generates the most doubts and queries. We explain what it is and what it is for.
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Real estate and mortgage
Real estate and mortgage
Why does the bank force me to hire your agency to process my purchase and sale and mortgage loan?
Real estate and mortgage
In our day to day we often receive this question from customers who come to sign their mortgage loan in the process of closing their sale. We explain all the details.
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Real estate and mortgage
Real estate and mortgage
Be proactive and plan your digital legacy
Inheritance and donations
Who will receive access to my WhatsApp or Tinder account once I pass away? Questions like these should be planned for in a digital will.
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Inheritance and donations
Inheritance and donations
Limitations on cash payments
Prosecutor
Discover current regulations and limitations on cash payments in Spain
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Prosecutor
Prosecutor
Capital increase with contribution of real estate assets
Mercantil
Discover the tax implications of a capital increase with a non-cash contribution such as real estate.
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Mercantil
Mercantil
The "Hague" apostille. What is it and what is it for?
Proceedings and powers of attorney
Find out what the "Hague" apostille is and how it can benefit you if you travel abroad.
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Proceedings and powers of attorney
Proceedings and powers of attorney
What are the differences between an S.L. and an S.A.?
Mercantil
Learn about the characteristics and major differences between a limited company and a public limited company.
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Mercantil
Mercantil
Practical guide for notarized authorization of travel with minors
Proceedings and powers of attorney
It is becoming more and more common for minors to travel alone or accompanied by third parties. You will find here the practical guide for their notarized authorization.
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Proceedings and powers of attorney
Proceedings and powers of attorney
Practical guide to create an SL quickly and easily
Mercantil
Find out about the characteristics, requirements, advantages and steps to follow to incorporate a limited liability company.
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Mercantil
Mercantil
I want to start a business: what is better to be self-employed or to incorporate a company?
Mercantil
One of the big questions when it comes to entrepreneurship is the legal form through which the activity will be developed. Discover here the advantages of being self-employed or incorporating a company.
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Mercantil
Mercantil
I want to buy a building in Barcelona as an investment... Watch out, with the rights of first refusal of the Catalan administration!
Real estate and mortgage
Find out what rights are recognized by the Catalan autonomous regulations when certain transfers take place, with special reference to the rights of first refusal in the case of the sale of leased housing.
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Real estate and mortgage
Real estate and mortgage
What is the declaration of potentially polluting soil activities and how does it affect my property?
Real estate and mortgage
The new Law 7/2022 on waste and contaminated soils for a circular economy introduces a set of reforms that we explain in this article.
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Real estate and mortgage
Real estate and mortgage
What's new in 2022 regarding domestic partnerships?
Family
The Supreme Court has had the opportunity to issue a ruling in March 2022, in which it once again recalls the importance of properly formalizing this institution.
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Family
Family
Is it a good time to switch my mortgage to another bank?
Real estate and mortgage
Here you will find a practical guide with information of interest to take into account when considering the possibility of changing your mortgage bank.
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Real estate and mortgage
Real estate and mortgage
Plan your future: just as preventive medicine exists, so does preventive law.
Proceedings and powers of attorney
Find the actions that any person should take to ensure that, in the future, his or her person and property will be properly cared for.
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Proceedings and powers of attorney
Proceedings and powers of attorney
What is the legitimate share?  And what is more important, to keep in mind its possible tax implications when receiving it.
Inheritance and donations
In this brief article I will explain the tax implications for the heirs depending on how this payment of the legitimate is carried out by the heir.
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Inheritance and donations
Inheritance and donations
Practical guide (step by step) for inheritance proceedings
Inheritance and donations
A simple and practical guide for any interested party to know how to proceed to accept and process the corresponding inheritance.
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Inheritance and donations
Inheritance and donations
Brief compilation of the tax advantages or benefits that currently exist for primary residences.
Prosecutor
In this brief article I explain in an understandable way all the benefits or tax advantages that nowadays according to our tax legislation on the habitual residence.
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Prosecutor
Prosecutor
The notary's judgment of capacity: More important than ever!
Family
The year 2021 has brought us a true revolution in our legal system to protect the weakest when it comes to exercising their rights and obligations.
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Family
Family
Parents who want to help their children with the purchase of their first home: Possible formulas and their consequences
Real estate and mortgage
I will explain the three main ways in which parents can help their children to obtain the necessary financing for the purchase of their primary residence, providing, for this purpose, "extra guarantees".
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Real estate and mortgage
Real estate and mortgage
How is the extinction of a condominium taxed?
Prosecutor
Several people can share a property, but what happens to the taxation when this community is dissolved? I explain here the effects with practical examples.
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Prosecutor
Prosecutor
Why and how the new tax reform affects us when buying, donating or inheriting a real estate property
Prosecutor
We inform you about the tax reform that modifies the rules for calculating the taxable base of the Transfer Tax and the Inheritance and Gift Tax.
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Prosecutor
Prosecutor
"The NEW municipal capital gain"
Prosecutor
Find out about all the aspects to take into account in relation to the new regulation of the tax popularly known as "plusvalia municipal" in the light of all the facts and regulatory reforms that have recently taken place in 2021.
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Prosecutor
Prosecutor
Present and future of the incorporation of companies
Mercantil
Find out about all the current, present and future aspects that any interested party should take into account when incorporating a company or acquiring an existing one.
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Mercantil
Mercantil
What happened to DIAGONAL NOTARY 550 in Barcelona?
Other miscellaneous
The brand Notaria Diagonal 550 has ceased to exist as such. From now on, notarial procedures will be handled differently. Find here all the related information.
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Other miscellaneous
Other miscellaneous
If you wish, you can now take the oath or promise of Spanish nationality before a notary public.
Proceedings and powers of attorney
Find out here about all the steps you must take to obtain the nationality and about the new possibility of taking the oath before a notary.
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Proceedings and powers of attorney
Proceedings and powers of attorney
Early mortgage cancellation and financial loss. That great unknown
Real estate and mortgage
Find here all the information about fees or compensation that you must pay to your financial institution when you pay off your mortgage early.
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Real estate and mortgage
Real estate and mortgage
Same-sex marriage in Spain and the possibility of getting married before a notary public today.
Family
The 21st century undoubtedly began and continues with great advances in the civil sphere, a clear example of which is gay marriage in Spain and the possibility of getting married today before a notary.
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Family
Family
Limitations on the transfer of real estate in the city of Barcelona: Right of first refusal and withdrawal of the Catalan administration.
Real estate and mortgage
The real estate market in Catalonia, and specifically in the city of Barcelona, is increasingly facing more and more regulatory limitations or restrictions. In this brief article we comment on all the points to take into account.
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Real estate and mortgage
Real estate and mortgage
I am thinking of buying or selling a rented property... what rights does the tenant have?
Real estate and mortgage
The purpose of this article is to set out all the issues that both buyer and seller must take into account in the event that the property being transferred is leased to a third party.
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Real estate and mortgage
Real estate and mortgage
I want to buy a house on which there is a mortgage and I want to cancel it... How should I proceed and who assumes the costs of this cancellation?
Real estate and mortgage
This is one of the issues that generates the most nervousness and interest in the parties involved in a real estate sale and purchase, especially in the home buyer.
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Real estate and mortgage
Real estate and mortgage
Do I "always" have to pay municipal capital gains tax when I sell my home?
Real estate and mortgage
Everything you need to know about municipal capital gains tax [Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana] when you sell your home.
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Real estate and mortgage
Real estate and mortgage
Who pays IBI [Real Estate Tax] in the year in which the sale takes place?
Real estate and mortgage
Find out all the information about this issue that often causes confusion among the parties to a deed of sale.
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Real estate and mortgage
Real estate and mortgage
The certificate of debts with the community of owners
Real estate and mortgage
All relevant information about the certificate of debts with the homeowners' association.
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Real estate and mortgage
Real estate and mortgage
What is the Energy Efficiency Certificate?
Real estate and mortgage
We explain all the details to take into account about the Energy Efficiency Certificate of a property.
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Real estate and mortgage
Real estate and mortgage
What is the certificate of suitability of the building?
Real estate and mortgage
We inform you about the technical inspections to take into account in order to obtain a building's certificate of suitability
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Real estate and mortgage
Real estate and mortgage
What is the certificate of occupancy?
Real estate and mortgage
What is the cédula de habitabilidad and how can it be obtained? We inform you about all the important features.
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Real estate and mortgage
Real estate and mortgage
Old controversy on mortgage cancellation: How should the notary charge it and who should assume its cost: debtor or bank?
Real estate and mortgage
Understand what the cancellation of your mortgage registration is, how it is done and how much it will cost you.
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Real estate and mortgage
Real estate and mortgage
Real estate appraisal: The importance of getting it right when applying for a mortgage loan
Real estate and mortgage
A mortgage appraisal is a valuation of a property. Through this valuation, the financial institution knows the value of the property that guarantees the repayment of the loan.
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Real estate and mortgage
Real estate and mortgage
The taxation of a mortgage loan throughout its life: constitution, novation, subrogation and cancellation
Real estate and mortgage
The formalization of a mortgage loan by a financial entity is a transaction subject to and exempt from VAT, which is taxed by Stamp Duty (AJD).
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Real estate and mortgage
Real estate and mortgage
Get the right information on bank fees before signing your mortgage loan
Real estate and mortgage
This article aims to explain in depth the possible bank fees that appear in a mortgage loan contract formalized before a notary.
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Real estate and mortgage
Real estate and mortgage
Making a will in Catalonia in times of coronavirus (alternatives to the open will before a notary)
Inheritance and donations
How to correctly sign a will in Catalonia during the confinement phase by Covid-19
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Inheritance and donations
Inheritance and donations
What is an "ICO Loan" with which the government intends to come to the rescue of companies and the self-employed in the face of Covid-19?
Mercantil
The government intends to come to the rescue of companies and the self-employed with ICO loans. What do they consist of and what are the advantages and risks?
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Mercantil
Mercantil
What type of mortgage is best for you: fixed, variable or mixed interest rate?
Real estate and mortgage
The mortgage interest rates in an easy and clear way and we recommend you the best option at the moment. Discover the mortgage rate that suits you best.
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Real estate and mortgage
Real estate and mortgage
Updated repository of all existing regulations on taking out a mortgage loan.
Real estate and mortgage
Understands the regulatory framework for the formalization of mortgage loans in a clear, simple and summarized manner in order to be able to approach the subject knowledgeably
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Real estate and mortgage
Real estate and mortgage
Less than a month to go before the new real estate credit law comes into force!
Real estate and mortgage
The Spanish mortgage loan and credit regulation has been subject to a MAJOR UPDATE due to its mandatory adaptation to European regulations.
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Real estate and mortgage
Real estate and mortgage
Did you forget to include assets in the inheritance? - Addition of inheritance
Inheritance and donations
With the addition of inheritance, you can include new assets or rights not explicit in the initial deed of acceptance and partition of inheritance. How to do it and what to take into account.
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Inheritance and donations
Inheritance and donations
Can I renounce an inheritance? Find out how to do it and its consequences
Inheritance and donations
While accepting an inheritance is usually a positive event, sometimes people decide to renounce it. Find out what the consequences are and how to do it.
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Inheritance and donations
Inheritance and donations
How to carry out the acceptance and partition of the inheritance?
Inheritance and donations
The notarial acceptance and partition of the inheritance is made after the death of a direct relative. We explain how the deed is made, its different types and costs.
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Inheritance and donations
Inheritance and donations
Inheritance pact: Designating successors and distributing assets and rights during life
Inheritance and donations
The succession pact is an alternative to a will. It allows you to designate a successor and distribute your assets and rights during your lifetime. Learn about its benefits and conditions.
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Inheritance and donations
Inheritance and donations
Living will or advance directives
Inheritance and donations
If you suffer an accident or serious illness, you can make sure how you want them to decide for you. What is a living will or advance directive and how to obtain it.
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Inheritance and donations
Inheritance and donations
Intestate succession: What happens if I die without a will?
Inheritance and donations
Have you ever wondered what happens if you die and do not have a will? Here we explain what intestate succession is and what the role of the State is when this happens.
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Inheritance and donations
Inheritance and donations
Why have a will? How easy and cheap it is to do it
Inheritance and donations
Choose the destiny of your belongings when you die and do not let the law do it for you. Find out everything you need to know about having a will.
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Inheritance and donations
Inheritance and donations
Love is over: Separation or divorce before a notary public
Family
What to do when facing a separation or divorce? We explain which notary's office you should go to, the costs and advantages of registering a separation or divorce before a notary.
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Family
Family
Emancipation: Is it possible to anticipate a child's coming of age?
Family
Wondering if your responsible child should emancipate? Find out what emancipation means, what its benefits are and how to do it.
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Family
Family
Protected assets: How to always protect the weakest
Family
What happens when the person responsible for a person with a disability dies? We explain the role of the protected estate in these cases and how to use it.
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Family
Family
Anticipate the future: Self-guardianship
Family
Self-guardianship is a legal order that can be very convenient for you and your family in critical moments. Learn about its benefits and how you can get one.
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Family
Family
Prevention is better than cure: Make your power preventive!
Proceedings and powers of attorney
While preventive powers are rare, they are especially useful in the most difficult times. Find out what they are and how they could help you.
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Proceedings and powers of attorney
Proceedings and powers of attorney
Why are marriage contracts important?
Family
We all hope for a lifelong love, but it is also wise to consider marriage contracts. What they are and how they can benefit both of you.
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Family
Family
Do notaries come to my home?
Other miscellaneous
Notaries are obliged to travel if the situation requires it.
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Other miscellaneous
Other miscellaneous
Do you want to get married before a notary?
Family
If you are thinking of getting married before a notary, solve all the typical doubts quickly and easily.
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Family
Family
The three big questions about notaries
Other miscellaneous
What is a notary public for? Can I choose the notary public I want? What does a notary public charge? We answer all these questions in this article.
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Other miscellaneous
Other miscellaneous
Practical Legal Notes - March 2024

Practical Legal Notes - March 2024

Discover our newsletter with practical legal news for March 2024.
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Practical Legal Notes - February 2024

Practical Legal Notes - February 2024

Discover our newsletter with practical legal news for February 2024.
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Practical Legal Notes - January 2024

Practical Legal Notes - January 2024

Discover our newsletter with practical legal news for January 2024.
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Our practical compilation 2023

Our practical compilation 2023

Discover our newsletter to keep our respective teams up to date on the latest news or issues of practical interest in our daily activity.
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