Could a majority joint owner be forced to sell by a minorty owner?

[Unregistered]

Hello,

I own 50% of a property in Spain. Two other people own 25% each. If one or both of them wanted to sell could they force me, the majority owner to sell?

[Lawbird Lawyer]

Dear Sir/Madam,

Yes. The minority joint owners can legally force you to sell the property through a public auction.

Please read our detailed article on the matter:


Dissolution of Joint Property Ownership in Spain - 14 Nov 2007


This procedure is known as a Dissolution of Joint Property Ownership. From a tax mitigation point of view its is the optimal solution.

It can be done through two ways.-

1.- Amicably (all joint owners agree to it) which is the procedure we highlight in the article above
2.- or else contentious through the law courts in which the dwelling end us being publicly auctioned off. The corresponding legal fees are different from those overviewed in the article and the result is likewise different. Which is why this second option should only ever be used as a last resort (serious disagreement among communers).