Case reports · Paid-off property as capital

Capital from a paid-off property — when several owners decide

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

In short

Can we mortgage an inherited property to buy out co-heirs?

In principle yes, but it is the narrowest part of the market: only two of 15–20 lenders lend against unencumbered property for a non-resident, usually up to 50% of the valuation with use documented.

Must inheritance tax be paid first?

As a rule yes — it is deadline-bound and falls due before the transfer. Without transfer there is no mortgageable title; that is where the time pressure comes from.

Inheritance and gift tax →

Are non-residents treated worse for tax?

Not any more: EU/EEA heirs are entitled to the same regional reliefs as residents. The differences between regions remain substantial.

The regions →

Can I use an inherited property as equity for a Spanish purchase?

Yes, though not directly — what goes to work is the capital the property releases, not the property itself. Two routes exist. If the inherited property is unencumbered it can be charged: up to 80 per cent of lending value in Germany, up to 50 per cent of the tasación in Spain. Alternatively it is sold and the proceeds become equity. The practical obstacle usually sits elsewhere: with several heirs the property belongs to the estate community, and any charge requires all of them to agree. Until the estate is settled no bank can register anything. Where a lifetime gift is involved, lenders also check whether the capital is genuinely free or subject to rights of return. Both questions belong before a private contract is signed, not after the deposit is already committed.

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, 01.09.2026).

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. Which region takes what, and why the real limit usually sits in Germany, is set out on our overview page Inheritance and Gift Tax on the Spain Property.

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.

How the equity release works

Whose property, whose loan — the rules of the 50 per cent release

The property does not have to be unencumbered: either it is paid off, or a loan still running is redeemed as part of the new financing. A small residual balance is not an obstacle in practice.

A third party's property can also be used — the practical case being parents helping out with their paid-off finca. The rule behind it is simple: the loan always goes to the person who owns the property and is on the title. If the parents help with their property, they take out the release loan themselves and their property secures that part — roughly half the purchase price. That is why such financings often consist of several separate loans rather than one large one. And anyone named as a borrower must hold at least 10 per cent of the title to the property concerned.

Three limits are fixed: in Spain the released capital is tied to the country — the use must take place in Spain and the funds may not leave it. The release loan itself should be at least around €150,000. And the age rule applies here too: repaid by age 75 — with two borrowers, the younger borrower's age counts. Processing takes anywhere from a few days to several weeks, depending on the case.

How the 50 per cent release works in detail: Releasing capital from a paid-off Spanish property.

FAQ

Frequently asked — 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.
Does the property have to be unencumbered to be mortgaged?
No. Either it is paid off, or the loan still running is redeemed as part of the new financing. A small residual balance is not an obstacle in practice.
Can parents help out with their Spanish property?
Yes. A third party's property can also be used. The owner then takes out the loan — they are on the title and their property secures their share, roughly half the purchase price. In practice this usually means several separate loans. The released capital is tied to Spain: the use must take place in Spain and be evidenced — the funds may not leave the country. Buying a further property is the most common case but not the only one; a gift is also possible provided it is used in Spain. Anyone planning to fund something in another country falls outside the structure — not because of the purpose, but because of the location.
Does the age limit apply to the equity release as well?
Yes. As with any Spanish mortgage, the loan must as a rule be repaid by age 75 — and with two borrowers, the younger borrower's age counts. How that lever works is set out in the theme hub Spanish mortgage at 60+.
How long does the equity release take?
Depending on the case, anywhere from a few days to several weeks in processing. The release loan should be at least around €150,000.
4 case reports

Cases from this theme — by region

Mallorca

Mallorca

Practical case Mallorca: Beachside apartment in Cala d'Or

A parental gift sensibly used as equity

Mallorca

Practical case Mallorca: Historic townhouse in Sóller

Inheritance as part of the equity strategy

Costa Blanca

Costa Blanca

Practical case Costa Blanca: Villa in Jávea

When a gift eases the path to a home in Spain

Costa Blanca

Practical case Costa Blanca: House in Benissa

Buying property after a larger inheritance

Tenerife

Tenerife

Practical case Tenerife: Villa in Puerto de la Cruz

A generational change planned early

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