María Cristina Clemente Advises Against Property Donations for Seniors

Property donations by older adults can severely compromise their financial security, according to María Cristina Clemente Buendía, a Spanish notary and succession law expert, as reported by iProfesional on Friday.

Older adults frequently transfer real estate or savings to their children to avoid future disputes and help them enter the housing market, noted WATmag. Yet this transfer creates immediate legal finality.

Once a deed is signed, the original owner loses full control over the asset. They can no longer sell the property, rent it, or use it as collateral for a loan.

Clemente addressed these risks directly in a video broadcast on her YouTube channel. Her warning focuses on the unpredictable nature of aging.

“Nunca aconsejaría a una persona de 70 u 80 años que haga donación de sus bienes”.

said María Cristina Clemente Buendía, a notary public and expert in inheritance law, according to HSB Noticias.

The primary danger of an early asset transfer is the loss of liquidity needed for unexpected expenses. Medical emergencies, home renovations, daily care assistance, or entry into a nursing home require substantial financial resources.

Desprenderse de un inmueble o de los ahorros reduce el margen para afrontar esos gastos, advirtió la especialista, as detailed by La República.

While an individual may feel financially stable at age 70, their physical and cognitive needs can change significantly by age 80 or 90. Without property ownership or liquid capital, seniors depend entirely on the goodwill and financial capacity of their children.

Transferring property to descendants exposes those assets to new vulnerabilities. If a child faces business failures, severe debts, or legal judgments, the gifted home can be targeted for attachment and seizure.

Divorce proceedings present another hazard. A gifted house can end up occupied by a former spouse or transferred outside the original family lineage entirely.

Spanish legislation governs these property movements under specific civil codes. Under article 633 of the Spanish Civil Code, a donation between living persons transfers ownership immediately through public deed and explicit acceptance.

Canceling a finalized donation, however, is virtually impossible due to simple regret.

Tax burdens accompany property transfers. The recipient of a gift must pay the Inheritance and Donations Tax, which varies significantly across different autonomous communities depending on local reductions and bonuses.

Transferring urban real estate triggers municipal capital gains taxes and impacts the income tax returns of the person making the transfer.

To balance family support with personal security, the Consejo General del Notariado de España recommends drafting a well-structured will instead of executing inter vivos donations.

Wills remain inexpensive and fully revocable.

To protect a surviving spouse, the Consejo General del Notariado suggests incorporating specific clauses such as the cautela socini, or the mutual “one for the other” clause. This provision grants the surviving partner universal usufruct over the estate, ensuring secure housing and access to capital without immediate demands for division from the children.