What is it?

The donation of goods is the act by which one person freely transfers the ownership of a good to another, without receiving anything in return. When the donation falls on real estate, it must necessarily be formalized in a public deed and accepted by the donee. The donation can be pure and simple or be subject to conditions or charges, and even reserve certain rights to the donor, such as usufruct.

What documentation should I provide?

• Valid official identity document.
• Documentation accrediting the assets.
• Birth certificate, marriage certificate or Family Book to prove the family relationship, if any.
• If the donation is subject to conditions or reservations, indication of them.

What procedures does the notary carry out?

Before signing. The notary verifies the identity and capacity of the parties, checks the ownership and legal status of the property, reviews possible charges or limitations, analyzes the matrimonial property regime when necessary and prepares the public deed of donation, ensuring that all the legal requirements for its validity are met.

After signing. The notary carries out or prepares the settlement of the corresponding taxes, presents the deed to the Property Registry when appropriate and communicates the change of ownership to the Cadastre.

Useful information

The donation can have important civil and tax consequences for both the donor and the donee. Before formalizing it, it is advisable to assess the applicable taxation, the most appropriate modality and whether it is advisable to reserve any rights, such as the usufruct of the donated property.

FREQUENTLY ASKED QUESTIONS

• Can the donor reserve the usufruct of the property?
  • Yes. It is common for the donor to transfer bare ownership and retain usufruct, being able to continue using the property during the agreed time or throughout his or her life.
• Can only the right of use or room be donated?
  • Yes. It is possible to donate a real right of use or habitation without transferring ownership of the property.
• Can the donation be accepted at a later time?
  • Yes. In certain cases, acceptance can be made later in a public deed of acceptance.
• Can a donation be revoked?
  • Only in cases expressly provided for by law or when there is a legal or conventional cause that allows it.