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The law is on your side. No one is obliged to remain in co-ownership (indivisión). Our team will assess your case and offer you the fastest and most cost-effective route to disengage.
There are many co-ownership situations in which several people share title to a property. Common causes include divorces, separations of unmarried couples, and the distribution of inherited estates. You are not legally obliged to remain in a proindiviso (joint ownership arrangement) against your will.
Our specialist lawyer evaluates your case across Málaga, Teatinos, Fuengirola, Cártama and Vélez-Málaga to determine the options available. Whether through direct award of the property or sale to a third party, we manage the process to ensure a fair outcome for all parties.
This is the quickest and most cost-effective route. It requires the unanimous agreement of all co-owners on the property’s value and the payment terms (financial compensation to the departing co-owner).
Our firm handles the negotiation, drafts the agreement, and coordinates with the notary for the signing of the public deed, ensuring your interests are fully protected by contract.
Where there are irreconcilable disputes between co-owners or a refusal to sell, we initiate judicial proceedings for the division of common property (división de la cosa común).
No one can force you to remain in co-ownership. Court intervention concludes with a public auction of the property or its award to one party, ensuring you can dissolve the co-ownership and definitively recover your funds.
Transferring your share of the property through this mechanism is fiscally far more advantageous than a conventional sale between co-owners. The tax consequences are minimal.
Unlike a standard property sale, which is subject to Transfer Tax (Impuesto de Transmisiones Patrimoniales — ITP) at 7% in Andalusia, condominium dissolution is only subject to Stamp Duty on Documented Legal Acts (Impuesto de Actos Jurídicos Documentados — AJD), typically between 1% and 1.5%. Our expert lawyer thoroughly analyses the tax implications so that this process saves you thousands of euros in taxes and fees.
For the change of ownership to be fully enforceable against third parties, a strict registration formality must be completed:
Avoid paying unnecessary taxes. At Orozco y Asociados we draft the perfect notarial agreement to safeguard your financial interests.
The dissolution of shared property is rarely an isolated matter. Patrimonial disputes frequently cross into different areas of law. Our firm in Málaga provides comprehensive, multidisciplinary legal support to our clients:
Having the backing of the province’s leading lawyers ensures achievable results. We will connect you with our specialist in real estate law to help you recover your full property independence.