View Full Version : forcing a sale of the house

04-01-2014, 05:34 PM

I am divorced (divorced in spain) and would like to sell the house before the bank reposses the house Ex is asking a silly amount. I am living in the house and pay the mortgage and he refuses to put the sale price of the house down even in the current climate. He doesnt live here and doesnt pay anything towards the mortgage and refuses to help with payment even though I am struggling to maintain payments. Can I force the sale of the house? I would like to sell at any price as long as it covers what is left of the mortgage (which is quite a lot). We bought just before the property crash so the house isnt worth what we paid for it. If I can force the sale how much would it be approx. eg court fees and lawyers fees?
Thanks in advance.

04-02-2014, 11:49 AM
Hello Divorced,

The property joint ownership can be dissolved in accordance with the Spanish Civil Code as nobody is forced to remain in it. You can actually force a sale by auction, and the first thing the Judge will do is try and ask you two to get to an agreement and failing this, he will take the property to public auction, being the proceeds split between you two, and deducting the expenses and bills he has not been paying, if you can prove you paid for these when they should have been split.

In these cases, you are both at a loss, though you or him could buy the otherīs half for whatever amount that half is finally sold.

If you wish to have more detailed information about your particular case, please drop us an email.