If you suspect a business entity or individual is using a complex financial network to conceal their assets, or are seeking to identify assets following the death of someone then it will be necessary to trace those assets.
Those owning property in Spain may become insolvent and in some cases may be the subject of a bankruptcy order, or a winding-up order in the case of registered companies. In that case all of the assets previously owned by the bankrupt, or the company in liquidation, vest in either the Trustee in Bankruptcy or the Liquidator. E&G Solicitors in Spain specialise in recovering those assets when they are situated in Spain.
Trying to locate assets can be time-consuming and costly if you are not sure where to begin your search or how to realise your interest.
If you are attempting to trace bank accounts, buildings, land, boats, vehicles or any other registrable assets belonging to an individual or a company, and are unfamiliar with Spanish law, then E&G Solicitors in Spain can offer a cost-effective method of evidence gathering and tracing those assets.
The process of tracing and recovering an asset
In certain circumstances it will be necessary to enlist specialist help to trace assets that you are trying to locate. E&G Solicitors in Spain has experience in providing expert legal advice on tracing assets. In appropriate circumstances, we can engage private investigators on your behalf to carry out surveillance and to gather evidence of the ownership of particular assets.
We can take all necessary steps to trace and recover assets situated in Spain. This service is particularly relevant to Trustees in Bankruptcy, and to those with a court order to enforce, such as judgment creditors and divorcees, although it can be relevant in a wide variety of circumstances
Trustees in Bankruptcy
If you are a Trustee in Bankruptcy, E&G Solicitors in Spain can help protect your interests in respect of any assets registered in the bankrupt’s name in Spain. On a Trustee’s behalf we can make the relevant court applications to gain access to buildings and bank accounts. We have experience in marketing and selling land and property, applying for orders for sale where appropriate and negotiating settlements with third-party co-owners.
E&G Solicitors in Spain has expert knowledge and extensive experience in recovering assets located in Spain, including real estate, moveable assets such as funds in bank accounts, vehicles, industrial plant, seafaring craft, leisure craft and cargo ships.
We work closely with individuals, trustees in bankruptcy and liquidators seeking to recover assets registered in Spain or merely establishing their interest in those assets. E&G Solicitors in Spain takes a commercial view in the asset recovery process, recognising that the assets being recovered to help devise a strategy to resolve issues quickly and efficiently.
If you find yourself in a situation where you have a judgement debt against someone who owns assets registered and/or situated in Spain, or you have an order requiring your ex-spouse to transfer an interest in property to you, E&G Solicitors in Spain can help enforce the judgement.
At E&G Solicitors in Spain we will work with you to recover assets situated in Spain. This may involve any or all of the following:
- Registering your interest in the asset, whether at the property or other register, or by way of an application to the Spanish court if necessary;
- Negotiating with any co-owners for the sale of the asset;
- Managing the marketing for sale of any real estate;
- Taking steps to maintain any real estate prior to sale;
- Coordinating with a secured lender; or
- Negotiating with banks for the release of funds.