Escatura

[spainlaw]

I need to establish how legally binding an escatura is.
Teh deeds are in my parents name but the escatura is in my name. Can anything be done with the property without my consent?

[Lawbird Lawyer]

Dear Sir,

I'm baffled with your query.

Escritura and Deed are the same thing.

Or the property is under your name or under theirs or else you hold it both jointly.

[spainlaw]

When my parents moved to spain, Ihad to go over to sign the escatura and make a will.
Now my mum has passed away, I have found out that I own the house (mum said I had a share)
My dad wants to sell and for me to give him power of attorney (this is a quite indepth story) but what I need to estalish is if I refuse to give him power of attorney, is there anything he can do to force me to sell or to change the status.
Thanks

[Lawbird Lawyer]

Dear Sir/Madam,

Yes, your father can force you to sell the property thorugh a public auction. I wouldn't advise this as the price fetched will be extremely low, BMV.

Please read our article which explains it in detail:

Dissolution of Joint Property Ownership in Spain - 14 Nov 2007

[spainlaw]

Thank you for your reply.
though mum said I had a share, it appears that this is not the case and a historia confirmed to me that I was the sole owner and that I have to allow my parents to live there.
So if I am the sole owner, he can still force me to sell - correct?

[Lawbird Lawyer]

Incorrect. No one can force you to sell your property.