View Full Version : Am I liable if I was sold a property without the seller's spouse consent?

10-14-2008, 08:55 AM
I purchased a property in March 2007. I have today received documents from a lawyer representing a previous owner. In these documents it says that the property was sold by a sole person but he was married at the time although separated. She has right to half the sale proceeds and that the house is hers. They say I am liable. I used a spanish lawyer and I purchased the property in all good faith. They cant take the property from me,can they? What do I do now with regards to this.

10-14-2008, 09:49 AM
In principle, the Spanish Land Registry system protects bona fide or innocent person who, having relied on the information in respect of the authority of the transmitters of the property or right to do so and the charges associated to the property or right, acts on the basis of that information and acquires a property or right (article 34 of the Mortgage Act). This is provided the notary and land registry did not make a mistake when checking the title of the seller as it may have been in the name of a sole person but married under joint marriage settlement, in which case this person could have a claim (and obviously you against both legal professionals- notary and land registry- as well as your lawyer).

On the contrary, if the title said that the owner was the only owner and was not married to a specific matrimonial regime, the notary accepted the sale and the title was duly registered in the Land registry the claimants will need to start a legal case which they will invariable lose.

We do advise however that if the claiming spouse persists in her quest to take part of your estate you act firmly against her as this way your rights will not be diminished in any way (in particular where she sends you formal notices).