Article 28 of the Spanish Mortgage Law, passed in 1946, and was repealed on September 3, 2021. Inherited properties are now free of limitations.

What was established in Article 28?

“Property registrations or real estate rights acquired by inheritance or legacy, will not take effect as to third parties until two years after the date of the death of the deceased. Except for the registrations by title of testate or intestate inheritance, improvement or legacy in favor of forced heirs”.

Known as "The Law of Cuba", this article established that when the heirs of a property were not forced heirs (spouse, ascendants and descendants) and there was no will, they would have to wait 2 years from the date of death to be able to register the property in the Property Registry, since in the event that an illegitimate child appeared, he/she could claim said property. Therefore, the non-direct heirs could not make sale decisions until the period of 2 years from the death had expired.

Why was it created?

This article originated in the mid 40's, when many Spaniards emigrated to Cuba and it could take them some time to receive the news of their direct relative's death, so that they could arrive to the Peninsula and have the right to claim the inheritance that belonged to them.

However, this limitation had long since become meaningless, and had developed into a difficulty when closing purchase and sale transactions and mortgages.

Therefore, as of September 3, 2021, inherited properties will not be subject to this regulation, and will be free of limitations, being able to sell the property in case of inheritance without having to wait for the two years previously required to elapse.

At Alting we have more than 40 years of experience in the sector. Our Property Management department can advise you on managing your real estate assets, and market your properties, buildings, homes, offices and premises for sale and rent, maximizing their value and profitability. For further information, contact gestiondepatrimonios@alting.com.