Dissolution of Joint Property Ownership in Spain

[Lawbird Lawyer]

Dear Madam,

Regardless if you are contributing or not to the mortgage repayments he cannot change the locks and lock you out.

You are still entitled to half the sales proceeds (less your contributions) and being a joint owner you can enter the property whenever you want without restrictions.

Yours faithfully,
Raymundo LarraÃ*n Nesbitt

[tojo]

In 2008 I bought a property(1) and lands(30 parcels) with 3 other people in Spain, we have no mortgage or such, each of us owns 25% on Title Deeds, 2 of the other owners, would like to buy me out, the 3rd is none cooperative. Can the other two owners still buy me out, without the 3rd owner being involve or does it require the non-cooperative owners signature. I am resident in UK

[Lawbird Lawyer]

Dear Sir or Madam,

It does not require nor the signature, nor the approval of the 3rd owner for you to sell on your 25%.

Yours faithfully,

[smithy]

we jointly own a spanish property with friends. They want to sell their share which we are happy for them to do
We have offered to buy but they have refused to accept our offer as they consider it is not enough money
We can't afford any more.
Can they force us to sell and if they can how? Who would be liable for the cost of this

[Lawbird Lawyer]

Dear Smithy

Yes they can force you to sell the whole property as you are all joint owners ex Art 404 of the Spanish Civil Code et ss.

They can however sell their share only without forcing you to sell yours if they choose to. Another matter being is if anyone would be interested in buying only a share and not the whole property from them.

Yours sincerely
Raymundo LarraÃ*n Nesbitt

[smithy]

do they have to go to court to force us to sell and who would be liable for the cost of this

[Lawbird Lawyer]

Yes they have to take you to court to force you selling.

Expenses are paid up front and the judge will later on decide to whom he may award the the legal fees (if he does, which is not certain).

[James]

My partner and I (and child) are about to buy a property and we would like to know who would own the property (in Spain) if we were to split up in the future.

We are not married and want things to be simple if we split up in the future; thus would it be easier if the property is put in my name alone and what is the best way for the named owner to leave the property to our child.

Thanks in advance, James

[Lawbird Lawyer]

Hi James

I take for granted you hold British citizenship, if it is not the case then please correct me.

The property would only be yours despite your partner paying 50%, 100% or whatever amount towards it.

He who appears lodged as the registered tiltle holder at the Land Regisrty is the sole owner.

Sincerely
Raymundo LarraÃ*n Nesbitt

[alex]

Hi if 2 married people buy house in spain 1 dies no wils made any-where who owns house.