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Rosie
09-08-2009, 03:07 PM
Please could somebody advise me!

I left my home & partner of 9 years due to his bullying behaviour (non violent). I sold my home in the UK which I inherited from my family and moved to Spain 6 years ago.

Both our names are on the Escritura but my ex put very little in the way of cash into buying or renovating the property and even less work.

After I left him he simply abandoned the property which with his agreeance I moved back into as it was infested with rats and mice and they'd caused no end of damage which I repaired at my own cost.

Three years on after offering to buy him out twice at market value he is still calling all the shots and demanding the house be put on the market for less than the market value as he needs the cash but doesn't want to sell to me.

Can he make demands like this?

As his investment was by no means equal do I really have to pay him 50% of the market value?

He also left with a substantial amount of cash and one of our joint accounts which again had a good sum of money in it. Can these sums be taken into account when negotiating a final figure if he agreed to sell to me - they amount to just over 20,000 €?

On another matter (yet related) he also sold my car without my knowledge and it is still registered to me and I have received a tax bill for it which Traffico say I must pay. I have no idea who bought the car and my ex cannot help as it was sold through a third party.

I just want the misery to end and move on - Please if somebody can help I'd be so greatful.

Lawbird Lawyer
09-08-2009, 05:07 PM
Dear Rosie,

I'm afraid that he is entitled to 50% of teh slaes proceeds if you are both joint owners. That is independent of him having paid a penny or not for the property.

Besides you need his agreement to sell on this property.

It's a shame he doesn't want to accept you buyinmg him out of his 50% share on the proeprty as this would be the ideal solution from a tax mitigation point of view.

You can read our article on the matter:

Dissolution of Joint Property Ownership in Spain (http://www.marbella-lawyers.com/articles/showArticle/dissolution-of-joint-property-ownership-in-spain) - 14th of November 2007

He can force the sale of the jointly owned property through the law courts if he wishes. However I advise you do not follow this path as you will both stand to lose a great deal of money and you will most likely be selling the property considerably B.M.V. And that is providing it actually sells at an auction.

As for tha car query I would need more details. If the car is sold and its registered under your name, you must obviously pay the associated transfer tax which is not high.

Regarding the sums taken, no, they will not influence him being entitled to 50% of the sales proceeds. More than 9 years have elapsed since then.

Yours faithfully,