🛑 Thinking About Retiring in Spain? Avoid These Costly Pitfalls
Spain offers retirees an incredible quality of life, but moving here comes with legal obligations. Unfortunately, many foreign retirees make avoidable legal mistakes that lead to delays, fines, or even visa denials.
Here are the 10 most common legal mistakes expats make when retiring in Spain — and how to avoid them.
1. ❌ Entering Spain Without the Right Visa
Many non-EU retirees enter Spain as tourists and overstay, thinking they can “figure it out later.” This leads to:
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Visa denial when applying from within Spain
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Fines or bans for overstaying
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Loss of legal status
✅ Always apply for a Non-Lucrative Visa or retirement visa from your home country before moving.
2. ❌ Not Having Qualifying Health Insurance
For visa approval, retirees must show private health insurance that:
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Has no co-pays, deductibles, or exclusions
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Is valid in all of Spain
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Is from an authorized Spanish or EU insurer
💡 Many applications are rejected due to policies that don’t meet these requirements.
3. ❌ Buying Property Without a Lawyer
Relying on estate agents or signing contracts without legal advice can result in:
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Buying homes with debts or illegal structures
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Getting locked into unfair contracts
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Losing deposits in poorly written arras contracts
✅ Hire a real estate lawyer from the beginning — even if buying with cash.
4. ❌ Failing to Draft a Spanish Will
If you die in Spain without a local will:
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Spanish forced heirship rules may apply automatically
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Probate becomes slower and more costly for your heirs
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Foreign wills may take months to validate
✅ Draft a Spanish will that applies your home country’s inheritance law.
5. ❌ Ignoring Tax Residency Rules
If you spend 183+ days per year in Spain, you are a tax resident, even if you’re not registered officially. Consequences include:
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Tax on worldwide income
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Requirement to file Modelo 720 (foreign assets)
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Potential double taxation if not properly planned
✅ Work with a tax lawyer to plan residency and avoid surprises.
6. ❌ Misunderstanding Double Taxation Treaties
Some pensions may be taxed only in Spain, some only in your home country — but it depends on treaty terms.
Common mistake: declaring income in the wrong country or missing tax credits.
✅ Ensure your accountant or legal advisor understands your country’s DTT with Spain.
7. ❌ Forgetting to Register Locally
Even with a visa, you must:
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Get an NIE number
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Register your address (empadronamiento)
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Apply for residency card (TIE)
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Notify local tax office and health authority if applicable
✅ These steps are required to access services and stay compliant.
8. ❌ Not Legalizing Documents Correctly
Many retirees submit documents to the consulate that are:
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Not apostilled or notarized
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Not translated into Spanish by certified translators
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Missing official seals or stamps
✅ Have your documents reviewed by a legal expert before your visa appointment.
9. ❌ Assuming You Can Work While Retired
The non-lucrative visa prohibits employment in Spain or abroad. Many retirees:
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Freelance online or run a business
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Earn income from consulting or services
This can lead to visa cancellation if discovered.
✅ If you want to work or freelance, consider a different visa (like the digital nomad visa).
10. ❌ Delaying Legal Advice Until Problems Arise
Many retirees try to “DIY” the move and only call a lawyer when things go wrong — costing far more in the long run.
✅ It’s far cheaper and safer to hire legal support early for:
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Visa applications
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Property purchases
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Tax and inheritance planning
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Document verification
🛡️ How We Help You Avoid These Mistakes
Our team of bilingual Spanish lawyers provides:
✅ End-to-end visa assistance
✅ Property due diligence & contracts
✅ Tax optimization & filings
✅ Health insurance selection
✅ Spanish wills & estate planning
✅ Local registrations (NIE, empadronamiento, TIE)
📞 Planning to Retire in Spain?
Avoid mistakes that cost you time, money, or even your residency. Our legal experts help you retire in Spain with peace of mind — and full compliance.
👉 Contact us now to get started with your retirement move to Spain.