Changing the name on a property in Barcelona — whether through a gift, sale, divorce, or inheritance — requires formal legal steps. Spanish law treats all changes in property ownership as formal transfers that must go through a notary and land registry.
This guide explains how foreigners and residents can legally transfer property ownership in Barcelona, what taxes apply, and how our lawyers handle the process for you.
✍️ When Do You Need to Transfer Property Ownership?
✅ Gift (Donación)
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Parent giving property to a child
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Grandparent gifting a flat
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Spouse transferring property voluntarily
✅ Divorce or Separation
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Court-ordered division
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Private settlement agreement
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One spouse buys out the other’s share
✅ Family Sale
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Sale below market value between relatives
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Requires tax declaration based on real value, not price paid
⚠️ In Spain, informal or verbal transfers are not valid. You must sign a public deed before a notary.
📋 Legal Steps to Transfer Property in Barcelona
1. Draft the Transfer Agreement
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Depending on the situation (gift, sale, divorce), we prepare a donation deed, purchase contract, or divorce settlement
2. Sign Before a Notary
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Both parties (or their representatives) sign the public deed
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We coordinate the notary appointment and pre-approve the draft
3. Pay Relevant Taxes
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Gift tax, capital gains tax, or transfer tax may apply
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We calculate all taxes and file them with local authorities (Agència Tributària de Catalunya)
4. Register the Transfer
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We update the Land Registry (Registro de la Propiedad)
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The new owner’s name becomes official
💶 What Taxes Apply to Property Transfers?
🧾 Gift or Donation Tax
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Tax depends on relationship between parties and property value
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Close relatives (children, spouses) pay reduced rates
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Must be paid within 30 days of signing the deed
📈 Capital Gains Tax (Seller or Donor)
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Applies when the property has increased in value since it was acquired
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Municipal Plusvalía tax also applies
🛍️ Transfer Tax (Family Sales)
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Sales, even at reduced prices, usually trigger 6–10% Transfer Tax (ITP)
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Authorities may challenge undervalued transactions
⚖️ Property Transfers in Divorce
We assist with:
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Drafting divorce property settlement agreements
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Transferring property into one spouse’s name
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Coordinating with the notary and land registry
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Handling tax filings and valuation reports if needed
💡 Divorce transfers can be tax-exempt if structured properly — we ensure compliance.
🛡️ How Borderless Lawyers Helps
✔️ Draft all contracts and deeds
✔️ Coordinate with Barcelona notaries
✔️ Represent you via Power of Attorney if you’re abroad
✔️ Calculate and file all required taxes
✔️ Register the transfer with the Land Registry
✔️ Provide bilingual legal documentation
🌍 Foreign Owners Welcome
We assist clients with:
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Non-resident gift transfers
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International divorces involving Barcelona property
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Remote coordination via POA
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Multilingual support (English, French, Dutch, German, Spanish)
📞 Transfer Property in Barcelona the Legal Way
Changing ownership of property in Spain is never just “changing the name” — it’s a legal and tax-sensitive process. Let us handle the paperwork, tax risks, and notary procedures for you.