Agreement for the free loan of a home (comodato) (Spain)
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For a person in Spain who lends a home free of charge to a relative or someone else, and for the person receiving it: the comodato agreement (articles 1740 to 1752 of the Spanish Civil Code) recording that no rent is paid and setting the use, the term — until a date, or until the home is reclaimed with the agreed notice — each party's costs, upkeep and return. It helps prove the loan is free and avoids disputes when the home is taken back. Signed by both parties in two copies. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- You want to let your son or daughter live rent-free in a flat you own in Spain.
- A relative lives in your home without paying rent and you want the terms in writing.
- You want to be able to take the flat back when you need it, without family arguments.
- You want to show that you receive no rent for the flat you have lent to a relative.
What you fill in
The details the document asks for.
- City
- Date
- Person lending the home (full name)
- DNI or NIE of the person lending the home (Spanish identity number)
- Address of the person lending the home
- Person the home is lent to (full name)
- DNI or NIE of the person the home is lent to (Spanish identity number)
- Current address of the person the home is lent to
- Address of the property
- What the home is lent for (e.g. as the main home of the person it is lent to)
- Inventory
- Term of the loan of the home
- Date the loan of the home ends (required if it is for a fixed term)
- Notice for handing the home back (e.g. two months)
Common questions
- What is a comodato agreement for a home in Spain?
- It is the free loan of the use of a home. Article 1740 of the Spanish Civil Code defines it as essentially free of charge, and article 1741 provides that the lender keeps ownership and the borrower acquires only the use; if anything is paid for that use, the agreement is no longer a comodato. It is common for lending a flat to a son or daughter, another relative or a friend. A private document signed by both parties is enough; no notary is needed.
- When can the owner take back a home lent free of charge in Spain?
- If a term was agreed, when it ends; earlier only if the lender has an urgent need for it (article 1749 of the Spanish Civil Code). If neither a term nor a use that fixes it was agreed, the lender may reclaim it at any time (article 1750). The Spanish Supreme Court has treated the use of a home lent without a term as a family home as a revocable occupation that can be reclaimed. That is why this agreement sets an end date or written notice.
- Does lending a home free of charge to a relative have tax effects in Spain?
- According to Spain's Directorate-General for Taxes (binding ruling V1013-21), if the loan is proved to be free, the owner has no rental income, but must declare imputed property income in personal income tax of 1.1% or 2% of the cadastral value, depending on the date of its last revision (article 85 of the Spanish Personal Income Tax Act). Without proof that it is free, the tax authority may presume it is paid. Navarre and the Basque Country apply their own foral tax rules.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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