Málaga Viviendas
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Minimalist luxury villa in Malaga reflected in an infinity pool during the golden hour
Legal Specialization

Dissolution of Condominiums and Undivided Shares

Optimize extinction of your co-ownership through advanced tax strategies and technical mediation. Discretion and legal rigor in the luxury real estate market of Malaga.

Foundations Glossary

Key concepts to understand the legal nature of co-ownership and its exit mechanisms.

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Body of Goods

Total set of assets and rights forming the community. It is the taxable base upon which equitable allocation is projected.

LEGAL FRAMEWORK
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Allocation

Formal act by which exclusive ownership of a part of the good is attributed to a co-owner, economically compensating the rest if necessary.

Professional handshake in a corporate meeting room, successful agreement and legal mediation

Undivided Share

Legal situation where property right on a real estate belongs to several people simultaneously, without physical division of the same. We resolve indivisibility through condominium extinction.

01 Usage Right
02 Aliquot Quota

Fiscal Charge Optimization

Difference between standard sale and condominium extinction can represent savings up to 80% in indirect taxes.

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Avoid Property Transfer Tax (ITP).

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Subject only to Documented Legal Acts (AJD).

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Preferential treatment in municipal capital gains under certain conditions.

Tax Comparison

Quota Sale (ITP) 7% - 10%
Condominium Extinction (AJD) 1% - 1.5%

*Figures indicative based on current regulations of the Regional Government of Andalusia for year 2024.

Technical Mediation Protocol

Our methodology prioritizes out-of-court agreement to avoid public auction and guarantee preservation of patrimonial value.

1

Legal Audit

Analysis of charges, mortgages, and valid property titles.

2

RICS Appraisal

Independent expert valuation to establish real market value.

3

Assisted Negotiation

Channeling of offers and counteroffers among co-owners.

4

Public Deed

Notarial formalization and liquidation of corresponding taxes.

Frequently Asked Questions

How long does the process usually last? expand_more
In a consensual path, the process can be completed in a period of 4 to 8 weeks, including document preparation and signing at notary. Judicial path can extend from 12 to 24 months.
What are notarial and registry costs? expand_more
Tariffs are regulated by the State. For a property of 500,000€, notary and registry expenses usually range between 1,500€ and 2,500€, depending on complexity of deed.
Can it be dissolved if there is an active mortgage? expand_more
Yes, it is possible. It requires a mortgage novation or cancellation of the current debt. It is essential to have the consent of the banking entity to release one of the borrowers from the loan.

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Advisor Málaga Viviendas
1
Marta

Hi! I'm Marta, advisor at Málaga Viviendas.
How can I help you today?

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