Málaga Viviendas
Español English
mailEmail WhatsApp callCall
Condominium extinction and undivided shares - Malaga Viviendas
Undivided shares · Divorce · Co-ownership

Simplify shared property. Save up to 80% in taxes compared to a conventional purchase-sale.

The extinction of condominium is the most efficient way to dissolve a co-ownership: one of the owners buys the other's part paying only the 1.2% of AJD instead of 7-10% of ITP applied in an ordinary purchase-sale.

check_circle Tax savings of up to 80% compared to purchase-sale
check_circle Solution for divorces, inheritances and co-ownership
check_circle Without Municipal Capital Gains (if there is no excess allocation)
check_circle Compatible with mortgage cancellation in the same act
Why it is different

Why is the extinction of condominium better than a purchase-sale between co-owners?

The extinction of condominium is legally considered the mere specification of a pre-existing right, not a new patrimonial transmission. This legal distinction is what allows unprecedented tax savings.

The Supreme Court and consolidated administrative doctrine support this figure. The DGT has multiple binding inquiries that confirm taxation exclusively by AJD (Documented Legal Acts), legally evading ITP (Property Transfer Tax).

"The extinction of condominium does not imply a patrimonial transmission between co-owners but the mere materialization of a right that already existed in abstracto."

— Consolidated DGT and Supreme Court Doctrine

savings

You only pay AJD: approx. 1.2%

Instead of ITP (7%-10% in Andalusia). For a home of 300,000€, the difference can be 25,000€ to 30,000€ in real savings.

assured_workload

Without Municipal Capital Gains (in most cases)

If the allocation is proportional to the participation quota of each co-owner, no municipal capital gain is generated. Only the excess of allocation is taxed if it exists.

gavel

Total legal security before Notary

The process is formalized through a public deed and registration in the Property Registry, guaranteeing the correct allocation and the definitive extinction of the undivided share.

Who is this solution for?

Cases where the extinction of condominium is the answer

heart_broken

Divorce or Separation

The couple wants to dissolve the co-ownership of the family home. One stays with the house, the other receives economic compensation.

family_restroom

Inheritance with Multiple Heirs

One heir wants to keep the property and compensate the rest economically. The cheapest fiscal alternative to purchase-sale.

business_center

Business Partners

Two or more people bought a property together for personal use or investment and now want to separate their interests cleanly and efficiently.

house

Unwanted Co-ownership

Homes bought by parents and children, or acquired under a de facto partnership who no longer live together but continue to share the property.

The Notarial Process

How the extinction of condominium is formalized

1

Real Valuation

We determine the current market value for an economically equitable division among co-owners.

2

Quota Agreement

We draft the agreement where a co-owner allocates 100% compensating the rest economically with the agreed price.

3

Public Deed

Signing before Notary of the community dissolution document. The existing mortgage can be cancelled in the same act.

4

AJD Liquidation and Registration

Pago del 1.2% of AJD en Andalucía e inscripción en el Registro de la Propiedad. El proindiviso queda extinguido.

Real Numbers

How much do you save exactly?

Example: Home valued at 300,000 €. Two co-owners at 50%. One buys the other's part (150,000 €).

Fiscal Concept Ordinary Purchase-Sale Condominium Extinction
ITP (Property Transfer Tax) 10,500 € (7% on 150,000 €) 0 € — Not applicable
AJD (Documented Legal Acts) Not applicable 1,800 € (1.2% on 150,000 €)
Municipal Capital Gains Variable (according to years of possession) 0 € if there is no excess allocation
TOTAL TAXES 10,500 € + Capital Gains 1,800 €
REAL SAVINGS + 8,700 € (≈ 83% savings)
Frequently Asked Questions

Everything you need to know about the extinction of condominium

Free Analysis of Your Situation

Do you have a shared property that you need to resolve?

Tell us your case: number of co-owners, approximate value of the property and if there is a mortgage. We calculate the exact tax savings and explain the process step by step.

Request your free valuation

No commitment. We'll call you within 2 hours during office hours.

Advisor Málaga Viviendas
1
Marta

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

Málaga Viviendas Real Estate
● Online now