Many British citizens who own property or have business interests in Spain eventually face legal disputes — unpaid rent, breach of contract, property issues, or inheritance conflicts. A common question we receive at Atlantic Law Tenerife is: “Can I file a lawsuit in Spain even if I live in the UK?”
The answer is yes — and the process is simpler than most people expect.
You can take legal action in Spain without being a resident
British nationals do not need to live in Spain to start a legal claim. If the case involves a Spanish property, a Spanish person or company, or a contract signed in Spain, the Spanish courts will have jurisdiction.
Typical examples include:
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Tenants who stop paying rent on a property in Spain.
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Builders or service providers who fail to complete their work.
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Buyers or sellers who breach a property contract.
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Debts, inheritances or co-ownership disputes involving Spanish assets.
Spanish law allows foreign citizens to defend their rights in exactly the same way as Spanish nationals.
You don’t need to travel to Spain
If you live in the UK, you can grant Power of Attorney to a Spanish lawyer, allowing them to represent you fully before the courts.
This Power of Attorney (Poder Notarial) can be signed in the UK before a Notary Public and legalised with the Hague Apostille — making it fully valid in Spain.
Once your lawyer receives the document, they can file your lawsuit, attend hearings, and receive all notifications on your behalf.
You stay informed and involved, but you don’t need to appear in court personally.
How the process works
Your Spanish lawyer will begin by reviewing your documents — such as contracts, invoices, bank transfers, or written communications — to confirm that your case is legally sound.
Depending on the type and amount of the claim, the procedure can take different forms:
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Payment Order Procedure (procedimiento monitorio): A quick and affordable way to recover unpaid debts.
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Verbal Trial (juicio verbal): Used for smaller disputes under €6,000.
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Ordinary Trial (juicio ordinario): Used for higher amounts or complex cases, such as property or contract breaches.
Your lawyer and the procurador (court representative) handle all paperwork and communication with the court.
Documents you will need
To file a lawsuit in Spain, you will usually need:
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A copy of your passport or ID.
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Power of Attorney signed in the UK.
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Evidence of your claim (contracts, payment records, correspondence).
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The address or identification of the person or company you are suing.
All documents in English can be officially translated into Spanish by a sworn translator, if required.
How long does it take?
While timelines depend on the local court, an uncontested case can often be resolved in 3–6 months, to some years.
More complex or defended cases may take longer, but early preparation and complete documentation help speed up the process.
Your lawyer will provide regular updates in English so you always know what’s happening.
