ownership of a property

[Unregistered]

In 2002 my now ex partner and I bought a property in spain. She is on the title deed but has never made a payment to the property or for the up keep. We have been apart for over 2 years and I want her to release her say in the property but she wants money out of it. Where do I stand legally over this ? Can I ask her to start paying half the mortgage for example?

[Lawbird Lawyer]

Dear Sir,

I presume you both purchased in joint names; she is entitled to half of the sales proceeds regardless if she contributed or not to the purchase. She should really be paying for half of the expenses related to maintainance and property tax.

Regarding the mortgage I take it its only you who signed the mortgage deed therefore only you are responsible. Just how are you going to force her to pay half of it?

[Unregistered]

Thanks for the reply. Is there anything I can do legally to make her pay for the maintenance and property tax on the property? We are both registered on the mortgage documents. Does this have any other implications?

[Lawbird Lawyer]

Dear Sir,

It has huge implications, if she has also signed the mortgage deed as borrower or as guarantor she can be held liable in case of you default in servicing your mortgage repayments.

I would hold to all invoices on the proeprty and deduct them frm her share of the sale sproceeds at alater date on selling the proeprty.

You could always opt for a dissolution of joint property ownership which would save you all this hassle.

[Unregistered]

Thank you for your advice. What would your legal costs and notary fees be to do a dissolution of joint ownership?

[Lawbird Lawyer]

We charge 1% of the value of the property plus 16% VAT with a minimum legal fee of 1,800€ plus 16% VAT.

Notary and land registry fees will depend on the value of the property.