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Thread: Dissolution of Joint Property Ownership in Spain

  1. #141

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    Quote Originally Posted by Mr moore View Post
    I am separating from my wife and the house is in her name only as she is a citizen of spain, I am a resident.
    Do I have claim to half the house, this was bought with joint funds whilst married.
    she has now told me that I cannot enter the house alone. All my belongings are still in the house. What rights do I have ?
    Dear Mr. Moore,

    She is the legal owner as she is the only one appearing on the deeds. After the divorce, if married in spouses joint property ( regime by default in Spanish marriages ), the assets will be liquidated according to that. If the house is the conjugal address, you are allowed to enter the property though preferably once she has been informed of your decision to enter the property to gather your things, arranging a date and time and that there are witnesses of your visit, so there are no misunderstandings nor she can claim that you took belongings without her consent.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
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  2. #142
    Mary F
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    I bought a house with my partner in 2003 - joint purchase both names on deeds - we split up and he gave me my share of money. Now we are going for a dissolution of joint property ownership as we both want my name of the deeds. He says all I have to do is say that I have already received all the money. He says he will pay texes. Will we not be asked to prove I have had my money and is it all legal.

  3. #143
    Babs Bell
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    HI, my husband and I have 2 houses in Spain, in both our names and both houses have no mortgage. We have divorced in the UK and in the divorce it states he has one house and I have the other. How do we now remove my name from his house and his name from my house and what would be the costs? We are not resident in Spain. Finally, I looked into this before and was told it would be very expensive, this is why we covered the issue in our English divorce settlement.

  4. #144
    Joanne
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    we have 2 properties in spain with mortgages with cam bank. Unknown to us at the time cam bank have secured the mortgage on our apartment jointly on our house. We wish to sell the flat now but its value has considerably dropped which the bank are saying means that the shortfall left on thew mortgage will go onto the house, is there anyway we can get these seperated apparently they are both secured on the escatura for the house ??

  5. #145
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

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    Quote Originally Posted by Mary F View Post
    I bought a house with my partner in 2003 - joint purchase both names on deeds - we split up and he gave me my share of money. Now we are going for a dissolution of joint property ownership as we both want my name of the deeds. He says all I have to do is say that I have already received all the money. He says he will pay texes. Will we not be asked to prove I have had my money and is it all legal.
    Your partner is indeed right, there is no need to prove that the sums have been paid, just mention that they have.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
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  6. #146
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

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    Quote Originally Posted by Babs Bell View Post
    HI, my husband and I have 2 houses in Spain, in both our names and both houses have no mortgage. We have divorced in the UK and in the divorce it states he has one house and I have the other. How do we now remove my name from his house and his name from my house and what would be the costs? We are not resident in Spain. Finally, I looked into this before and was told it would be very expensive, this is why we covered the issue in our English divorce settlement.
    Babs, this is not expensive at all, compared to what you would be expected to pay if you were to sell it. You are expected to pay 1% Stamp Duty, plus Notary and land registry fees, and legal fees if you choose to employ a lawyer (1,200 Euros plus VAT is generally acceptable).
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  7. #147
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

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    Joanne, without knowing what the escritura says, we cannot give you further advice. I have however never heard such a thing although, in a way, both loans are tied up as you are personally liable for their repayment. The apartment value can anyhow cause you a problem if you are selling at a loss, given that you owe more money to CAM that what you would get for it. I would suggest, if you wish to get rid of it, to try to give it back to the bank arguing that you will pay on the other one.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  8. #148
    S Gomez
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    My mother and father who are American citizens and married in New York own an apartment in Spain. My Father has passed away. Both their names appear on the deed and there is no will. My mother wishes to sell the property. Is the property able to sell as is or does some modifications need to be done to the deed prior to selling the home?

  9. #149
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

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    Quote Originally Posted by S Gomez View Post
    My mother and father who are American citizens and married in New York own an apartment in Spain. My Father has passed away. Both their names appear on the deed and there is no will. My mother wishes to sell the property. Is the property able to sell as is or does some modifications need to be done to the deed prior to selling the home?
    Hello S Gomez,

    My condolences to your mother and you.

    For your mother to be able to sell the property your Dad's half will have to be transferred to a designated person, which in the abscence of a will requires the acceptance of the inheritance by whoever is, according to your late Dad's laws (U.S. I presume) entitled to be the heir in the event of a person dying intestate. Once this is established then you will have to go through the motions of acceptance of the estate and adjudication of the asset on whoever is entitled to receive it, and with this document, you can register the change with the Spanish land registry.

    This process can be done in the US, or in Spain (the former should prove easier).

    Should you require assistance please advise.
    Antonio Flores
    Abogado/Lawyer
    Lawbird Legal Services | Contact Me
    Instagram | Read my Blog

  10. #150
    S Gomez
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    AFlores, thank you for your response. I would agree that as my mother is in the U.S., it would prove easier to do that process from here. What type of lawyer in the U.S. would be able to do that type of work? I have spoken with attorneys here in the U.S. who do probate work, but they are unfamiliar with the processes in Spain.

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