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  • 03-23-2021, 08:28 PM

    Dissolution of Joint Property Ownership in Spain

    My husband and I are divorced, and have a property in Spain which we still want to have joint ownership of,will we incur any extra charges when one of us dies?
  • 02-02-2021, 10:57 AM
    Dear Russ2

    The party who has contributed more can claim compesation from the other party, regardless of the distribution of the shares on the deeds. However, it has to be established whether the marriage is in community of property or not, and the origin of the funds used to pay for the mentioned costs associated to the property.

    If there was not agreement between the parties, the judge would decide how to proceed.

    I do not specialize in family law, therefore I recommend that you consult with a Spanish family lawyer.

    Kind regards
  • 02-01-2021, 02:21 PM

    Dissolution of Joint Property Ownership in Spain

    In Spain in the event of a divorce, in the situation where the couple own a property together (both names on the deeds), is the amount that each party has contributed taking into account when allocating ownership following the divorce? For example if one party has paid all of the costs inc. mortgage etc - is this relevant? Or are they always entitled to 50/50 as it states on the deeds? many thanks
  • 01-21-2021, 10:09 AM

    Transfer of mortgage and deed on Spanish property after divorce for non resident

    My ex husband and I, both non residents, own a property ( joint deed and mortgage) in Spain. We are in agreement that his current partner will take over my share of the ownership and the mortgage. would you be able to guide me as to whether this is possible, what the associated costs would be and if it is done through a lawyer or the bank?

    thank you.
  • 08-02-2020, 10:10 AM

    Dissolution of Joint Property Ownership in Spain

    Hello, I bought a property in my wife's name in spain as I wasn't resident of Spain at the time of purchased so my name was no included anywhere in the deeds. I am a resident of spain now. We are currently separated and heading for a divorce. We have 3 kids together. Is there a way I can claim the property or part of this property so it won't be a total loss for me. Thanks you.
  • 01-21-2020, 02:31 AM
    lucia beth

    Dissolution of Joint Property Ownership in Spain

    I am British and I bought a property in Spain with my husband where we lived for 5 years. He hit me and I took photos of the bruises, but we divorced in Spain amicably without the need for me to put an injunction on him from seeing me or the children. He left me and the children in Spain and moved back to UK just before the divorce, the divorce is in Spanish and states that he needs to pay the mortgage, community fees of the house, my car and two children to go to private school (approximately 900 euros per month). But I suffered so much anxiety from the divorce and was alone in Spain with 3 children, when all my family were in UK, so I eventually left to return to UK in June 2018. He has never stick to the original divorce settlement, and does not pay for either my car in UK, or private school for 2 of our children. I am struggling to pay bills now in UK and he refuses to help us despite the fact he earns a great deal of money. Is there ANY way, that my Spanish divorce entitles me to claim more than 50% of the Spain house sale? All 3 of my children are still under the age of 18 and promised to support us when we moved to the UK, but he has left us struggling and wondering whether it might be better to move back to the Spanish house, where he is legally required to keep paying the mortgage.
  • 12-03-2019, 02:30 PM
    Hello Philippop,

    The fact that the bank is claiming an amount of money doesn´t mean the property has actually been repossessed and auctioned; you should find out what has happened with it. Probably, it has been taken to auction but the funds obtained were insufficient to cover the debt and they are claiming the remainder. This is possible according to the Spanish regulations: the sale at an auction as a result of a bank repossession does not serve as total cancellation of a debt and the bank can claim the remainder is paid by the debtors.

    Should this be case, and in the event you actually have assets in Spain or abroad, we recommend you to negotiate with the bank and agree to pay the remaining debt as if you fail to do it, they can seize other assets in your name to recover the debt.

  • 11-25-2019, 01:12 PM

    Dissolution of Joint Property Ownership in Spain

    Hi I have a house in Spain and have a mortgage on it my wife fell ill 12 years ago so we came back to England we carried on paying the mortgage for another 3years then we couldn’t afford it so we stopped paying it since then my wife has passed away and the bank want 30 00 euros but her name was joint so she owned 50 percent I thought the house had been repossessed but apparently it hasn’t I have no money to pay this sum what can be done
  • 09-08-2013, 09:26 AM

    I have a property in Spain in my sole name and also another property 50% owned by myself and my estranged husband. After selling our assets in England we moved to Spain in 2008. However, we separated 3 years ago. My husband has not contributed to the upkeep and bills of the properties in the last 3 years. I now live back in England with our two teenage children in rented accommodation.

    He lives with his 92 year old mother and will inherit her house and very healthy savings on her demise.

    As I put over £70,000 of my personal money into buying the 50% owned property, we informally agreed that I would use the proceeds from selling both properties to buy a house in England for me and the children. We are now going through a divorce and he is now saying that he wants the 50% owned property in it's entirety. His solicitor is saying that they will issue proceedings for a Financial Order to resolve the matter.

    My question is, can a Court in England rule that I have to relinquish my 50% of the property. Can an English Court take into account property that is owned and governed under Spanish law and include within a divorce settlement.

    Any help or advice greatly appreciated!
  • 07-15-2013, 06:31 PM

    Dissolution of Joint Property Ownership in Spain

    We have a property which is jointly owned by three brother and two sisters .We are using the joint dissolution deed to transfer the ownership to one sister.The question arises what should be the value of the new escritura in the name of the new owner.One opinion says the law is the escritura should be the original value is that right ?
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