Can I just give the keys back to the bank or will they take my uk property from me

Please help. I got a divorce 2 years ago (I was married in spain and divorced in spain). We have a house in both our names but I live there and pay the mortgage etc myself. I spoke to the bank and they said it wasnt their problem and they just wanted the mortgage payments regardless of who makes them. I spoke to my divorce lawyer who advised that I can regain half of everything I have paid when the house is sold.

I put the house up for sale straight away but my ex husband has advised that he wants the house up for sale at a silly amount so of course 2 years later and I havent even had a viewing. Hes not bothered as he no longer lives here and I am saddled with all payments. I have spoken to my ex husband who is still refusing to lower the price. The estate agent says I cannot sell the house at any price without the agreement of my ex husband as his signature would be needed. I have now had enough of living here on my own with no family nearby and wish to give the keys back to the bank so I can go back to the uk. I no longer want the house and Im not bothered about losing it.

Hello Jen,

I initially recommend you to file a claim against your exhusband claiming the due amounts for the expenses you have had since he is no longer living in the property but is still owner of it 50 %. This may make him re-think over selling the property for a lower price that the preferred one so as to sell it as soon as possible and not cause further expenses that he will have to pay sooner or later.

Whenever there is an offer from a potential buyer that you consider fair, you can pass it on to your ex-husband and if he still disagrees to sell, you can claim for the jointly owned property dissolution by court based on the said offer and the buyer will have the opportunity to buy the property at the auction; then the Judge will distribute the procedes of the sale if there were left any after clearing the mortgage and paying court and legal fees.

If you stop paying the mortgage now, the bank will repossess the property after the mortgage exectution process takes place and the pending debt can be claimed against any asset you have in Spain and/or worldwide. It is easy for the bank to find out that you have a house in the UK, so the fact that you did not declare it does not guarantee they won´t know about its existence.

Please feel free to contact us by email if you wish to discuss your case in detail.

Regards,

Hello Jen

I am sorry your husband has left you in such a mess.

You are very lucky you own your home in the UK. Because you don't have a mortgage you can get proper legal advice and put your UK home in a trust with the minimum of cost and fuss.

If you had a mortgage this would be much more difficult.

Get a few UK credit cards before you transfer your home into the trust, then you can always blow them up on lawyer’s bills to fight your ex if you need to.

As long as your home is out of your name you can tell the Spanish banks to stick it. If they want to drag you through the courts they won't get anything.

The EU and the Spanish government are not doing much to help the young unemployed in Spain. I think a massive deflationary collapse in Spain, an exit from the euro and all the banks going bust could only help clear out the system. Then the young Spanish people might have a chance at a job.

I would not lose a minute’s sleep over letting your Spanish property go to hell. But sort out your assets in the UK first!

I would advise against destroying your savings or your income paying a repayment mortgage on a property in Spain. What a waste...