TPH

My husband and I divorced in UK in 1985. Our joint property was a small apartment in Spain in the divorce court order was to be transferred to him.

We have had no contact in over 30 years and have now found out that he died in 2013 and had not put it in his sole name. I am now being hassled by his family to go to a solicitor in Uk or notary in Spain to sign forms.We had one child and he remarried and has another child.

I was under the understanding that with the original court order, he could have gone to the Spanish embassy in uk and dealt with it.

Could you tell me my position and if I am still a legal owner even though it was part his as part of the divorce settlement, as I am being put under pressure and it is very worrying.
Thank you

Hello TPH,

As the court order indicated the full ownership had to be transferred to your ex-husband, his heirs are in their full right to claim it after his demise, and therefore the transfer process will have to take place. Legally speaking you do not have legal rights to keep it or refuse to process the ownership transfer.

If you wish to discuss the matter further and learn about the procedure should it take place in Spain, please feel free to drop us an email.

Regards,

Thank you, so much.. I want nothing to do with it at all.They want me to sign a 'dissolution of joint ownership 'and the CGT would be 75,000 euros of which I would be liable for half in uk and Spain!

I signed a transfer document in 4/1987 ( I have a duplicate copy,thankfully)which was also translated into Spanish transferring my share to my ex husbands and stating he was entitled to all letting monies from then onwards.This then became part of the divorce court order in 7/1987.

Am I now in my right to tell them I can not assist and that their abogado in Spain should deal with the transfer,. especailly I am feeling very ill since two members of his family turned up knocking on my door and I am retired so feel very threatened, especially as I have had no contact with any family member since 1984!!

Thank you very much for your reply.