Case reports · Inheritance & gifts

Inheritance & gifts

Anonymised examples in which an inheritance or gift was part of the equity strategy.

Inherited, gifted — and suddenly a co-owner

The common case is not a purchase but a settlement: three siblings inherit an apartment on the Costa Blanca. One wants to keep it, two want their share in cash. The property is unencumbered, the value undisputed — and the case still stalls, because nobody can finance the buy-out.

The unencumbered property is the problem, not the solution

The obvious move is to lend against the inherited property and pay out the co-heirs. It is right — and it leads into the narrowest part of the Spanish market. Only two of 15 to 20 institutions we regularly approach will lend against an already paid-off property for a non-resident, as a rule up to 50 per cent of the valuation, with the use of funds documented (Perini Market Check, 14 July 2026).

The tax does not wait for the family to agree

Spanish inheritance and gift tax falls due within a deadline after death — before the property is transferred, and therefore before anyone can sell or mortgage it. It is regionally structured, and the reliefs granted by the Autonomous Communities differ sharply. Heirs resident in the EU and EEA are entitled to the same regional reliefs as Spanish residents. That was long not the case and had to be established through the courts.

Hence the vice these cases sit in: the tax is payable before the capital arrives. Those who cannot advance it come under time pressure — and sell below value, when the property could have been kept.

If you own an unencumbered property at home, you need not enter the narrow Spanish market at all: in Germany the capital for the buy-out can be raised against your own property. For property elsewhere, your own lender raises it and we build the Spanish side.

Not tax or legal advice. Inheritance and gift tax vary by region and must be assessed case by case by a tax adviser or abogado.

FAQ

Frequently asked questions — Inheritance & gifts

We inherited a Spanish property and want to buy out the co-heirs. Can we mortgage it?
In principle yes, but it is the narrowest part of the market. Only two of 15 to 20 lenders approached will lend against an unencumbered property for a non-resident — as a rule up to 50 per cent of the valuation, with the use of funds documented. At the wrong bank there is no offer at all, not merely a worse one.
Must inheritance tax be paid before we can finance?
As a rule, yes. Spanish inheritance tax is deadline-bound and falls due before the property is transferred. Without transfer there is no mortgageable title. That is exactly where the time pressure comes from.
Are non-residents treated worse for inheritance tax?
Not any more. Heirs resident in the EU and EEA are entitled to the same regional reliefs as Spanish residents. The differences between Autonomous Communities remain substantial, so the case must be assessed individually — by a tax adviser, not by the bank.

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Anonymised individual case, not a binding statement for other projects · Siegfried Perini, BAFA-notified for the cross-border activity of the owner Olga Nikushkina · §34i GewO · no tax or legal advice · no financing commitment; conditions depend on creditworthiness, loan-to-value and bank