Chapter
Ways to buy: as a couple, with others, through a company or from abroad
Quick answer
You can buy alone, as a couple, with friends or family, through a company, or from abroad through a representative. Each way changes who is named on the deed, how shares are recorded, which taxes apply and what the other owners can do. Settle the structure before you reserve, because changing it later costs tax and fees.
Applies toCouples, groups of friends or relatives, and buyers considering a company or acting from another country. Individual buyers with a simple purchase can read it as a map of the alternatives.
On this page: 8 sections
§ 1What the structure decides
The way you buy decides who is named in the deed, what share each owner has, who must sign and what happens on death, divorce or a falling out. It also decides some tax outcomes. These are easier to set at the start than to change, because changing owners later is a new transaction with its own costs.
The notary checks the identity and capacity of every party and examines any power of attorney, and the notaries advise buyers to take guidance before they sign anything. That is the right moment to settle the structure, not the day of the deed.
§ 2The main patterns
Couples, friends and relatives often buy together. Buying with friends or family explains shares, what to agree between owners and why a written agreement matters more than goodwill.
Some buyers use a company to hold the property. Buying through a company sets out when this is considered, what changes in tax and administration, and why the answer depends on your plans.
Many buyers do most of the process from another country. Buying from abroad covers what can be done remotely, how a representative signs for you under a notarial power of attorney, and what to protect when you cannot attend.
§ 3A couple as a special case
Couples are the commonest co-owners and often the least prepared, because the arrangement feels obvious. The deed records the shares, and what each partner paid, their marital status and their country of residence all feed into the answer. A lawyer who acts for both of you can set this up, and an independent lawyer for each of you is better if your interests could diverge.
§ 4How the structure connects to other decisions
The structure follows the purpose. A holiday home shared by relatives raises different questions from a retirement home bought by a couple, and what the home is for helps you decide. It also depends on eligibility, so the legal basis for foreign buyers is worth reading if any buyer is a non-EU national or a company.
Your choice of property type interacts with it too. Developers and cooperatives have their own contract terms, so check deciding between new and resale before you commit to a structure that a developer's contract may not allow.
§ 5Order of work
Settle the structure before the reservation, not after. The stage-by-stage chapter shows where the reservation falls.
If you are still weighing the purchase itself, the should-you-buy question comes first, and the buying process section keeps the whole order in view.
§ 6A short method for choosing
Start with the simplest structure that fits the facts. If one person pays and one person will use the home, a single owner is enough. If two or more people pay, record the shares and agree the rules between them. If the aim is a business, look at a company, but only after tax advice on your figures. If you cannot attend, add a narrow power of attorney to whichever structure you chose. Write the reasons down, because the person who reads them in five years may be you.
§ 7Common mistakes
The usual mistakes are quiet ones. Owners agree shares by word of mouth and discover the difference at a sale. A general power of attorney is given to someone convenient and is used in ways nobody expected. A company is chosen because a friend used one, with no calculation. Each of these costs more to correct than to prevent, which is why the structure belongs at the start of the process, before the reservation.
§ 8Written agreements are cheap
Whatever the structure, put the arrangement in writing before you reserve. A one-page agreement on shares, costs, decisions and exit costs far less than a dispute, and it can be signed in minutes. Have it read by a lawyer who understands the countries involved, and keep a signed copy with the deed. When all parties know the rules in advance, most disagreements never start, and those that do start can be settled by reading the page.
FAQRelated questions
Do co-owners have to hold equal shares?
No, the deed records the share each owner holds, and shares can be unequal if that matches what each person paid. Agree the shares in writing before the reservation, because the deed fixes them and changing them later is a separate transaction.
Can one co-owner force a sale?
The consequences depend on Spanish co-ownership law and on any agreement between the owners, so this is a question for a lawyer before you buy. An agreement drawn up in advance on exit, buy-out and death is the best protection.
Is a company always cheaper or safer for a non-resident?
No. A company changes the tax treatment and adds accounting duties and costs, and the benefit depends on the plan for the property. Take tax advice on your own figures before choosing it, and do not pick it only because someone else did.
Sources
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.