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View Full Version : Do I have a claim on our Spanish property if it's solely on my wife's name?



Alan
05-26-2010, 11:50 AM
my wife and i bought a property in spain in 2000, she took the money from the sale of our joint property in england and went and bought the house in spain. the house is solely in her name as i could not be present when it was purchased. we have since split up and she is currently living in the property. i have told her that in time i want a divorce and also to sell the house when the property market picks up again. she has told me i have no claim to the property at all as its solely in her name. the house in england was bought through a joint account of ours and can be traced if needed. can you please advise of my rights. thanks

Lawbird Lawyer
05-26-2010, 12:45 PM
Dear Sir,

Your wife is right, you have no claim over it even if it was acquired with 100%of your money or else with the sales proceed of your jointly owned UK property; it is completely irrelevant.

The only thing that matters is who appears lodged in the Title deed as the owner and it’s only your ex-wife which does.

Yours faithfully,
Raymundo Larraín Nesbitt

lesley 1955
06-20-2010, 11:34 AM
I have read the above posts and think they have answered my question but would like to double check. My ex partner lives in our house in Spain which is owned jointly by us, I now live in England.

If he moves his new girlfrined into the property will she have any claim on the property in the future, I think the answer is no but would like to be absolutely sure.

Regards
Lesley

Lawbird Lawyer
06-21-2010, 09:27 AM
Dear Madam,

She will have no claim as a girlfriend.

Your husband may however leave her his 50% of the property in his Spanish or UK will (I'm taking for granted your ex-partner is British).

Yours faithfully,

Unregistered
10-21-2010, 03:12 PM
Could you tell me if it is in any way possible to alter the names listed on the deeds of a Spanish property?

The question arises because my sister is trying to return to the UK from Spain, where she has been living with her partner (they are not married) since approx. 2004. She funded the purchase of the land and, subsequently, the building of their house on that land, in Javier. However, on working through the documentation with a view to returning to the UK (alone) she now finds that whilst she and her partner have a joint mortgage, for whatever reason, her name was left off the deeds.

She was shocked when she found this out - only recently - and realises that it was a huge and terrible 'administrative' mistake, but she trusted those involved in the purcase and just doesn't know why she was included on all other doucments, but left off what she now finds to be the key one.

She is in a terrible state, since she invested all of the money from her UK business and home into the Spanish property, and so will have lost her life's savings if the situation can't be resolved. She can also clearly demonstrate the flow of funds to buy the land/property, i.e. that the money used was hers alone.

Any advice would be invaluable.