Dissolution of Joint Property Ownership in Spain

Ian · 12-05-2011, 03:36 PM

I own 25% of a villa in spain, along with three other family members who also own 25% each. I wish to sell my share but the others dont, what can I do?

**Patricia** · 12-05-2011, 05:12 PM

Hello Ian,

You can offer to sell you share to someone else, though we understand it is not easy, as not many people is interested in buying a share of a property without knowing the rest of the owners. Therefore, you can offer to sell them your share, or take them to court so a Judge dissolves the ownership, though of course this is the least conveneint option due to the loss of income involved.

Best Regards,

Charlie Wagg · 12-21-2011, 08:14 PM

Hi I have just completed an inheritance claim on a spanish property left to me as a 25% value. The property has no mortgage attached and I wish to buy out a 50% value from two others giving me 75% ownership. Can I get a mortgage to fund this?...Thanks PS the final 25% owner is in agreement to this.

Mr moore · 01-05-2012, 12:56 PM

Dear Patrica, you have kindly given me some useful info previously.
My house is in my wifes name and we have now signed agreeement with lawyer that she gets 60% and I get 40% I have also signed divorce papers. I have asked my wife for my personal effects from the house and she refuses to give them to me until the house is sold. She is going to live in the USA in March and will put the sale of the house in the hands of her lawyer. What can i do to get my personal effects. Does she have a right to refuse them to me?
Kind regards

**Patricia** · 01-05-2012, 02:20 PM

Hello Mr. Mooore,

Your wife certainly has a right to request that you do not enter the house after selling it or unless she is there, as she is a property owner as yet. The usual procedure in these cases, if there is no possibility to get to an agreement as the relationship between the ex-partners is not a good one, is that you send her a registered letter offering her two options so you can recover your belongings: asking her ( prior notice ) that she is so kind as to let you enter the property to gather your personal effects (however, please be advised that she can still refuse to do it, as the registered letter is a formality that does not imply any obligation ). The second option is to send her your current address details so she can send you your belongings. If she still refuses to take any of the options ( specially the second one ), you can report her for unlawful appropriation, though this can have its inconveniences, as you would have to prove your belongings were still kept in the property at the time and this can only be proven by notarial deeds, otherwise she can say there is nothing in belonging to you ( if ,for instance, she had previously got rid of it ). The best option, of course, is to have a cordial relationship and agree with her that she lets you in.

Regards,

**aks** · 01-16-2012, 10:22 PM

I am divorcing my husband and moving back to the UK with our 3 yr old son. The house and mortgage is in both of our names. My husband paid the deposit (100,000euros)
He has spoken to a lawyer today and has informed me as I am leaving for the UK, I am giving up all my rights to the house and I'm entitled to nothing- No money from the sale of the house, no maintainance for our son, but he will get at least 50 days per year access to our son.
I cannot speak to a lawyer till 3 days time and I'm starting to worry.. is he correct or trying to panic me?
I will be going back to the Uk with no home, no money and our son.. can you please tell me what are my rights?

**Patricia** · 01-17-2012, 06:10 PM

Hello Aks,

I recommend you to seek legal assistance and get to an amicable divorce settlement with your husband, that will indicate how to settle the jointly owned properties and your child' support, as well as the days your husband will be able to visit your son. In Spain, it is an agreement voluntarily signed by both parties called Convenio Regulador. You can process the settlement in Spain and it will be respected in the UK, where a similar process can have a significant higher cost. This is a type of agreement that has to be outlined by a mutual agreement that both parties freely choose to do to put things in place after a separation. Please feel free to email me on Patricia at Lawbird.com if you wish to know more about the process and the legal fees you can expect to pay, covering both parties, as being is a mutual agreement, the same solicitor could represent you.

Regards,

**karen1969** · 01-21-2012, 10:21 PM

Originally Posted by petra16

Hi, I am co-owner of an apartment in Spain with my ex-partner. My ex-partner has changed the locks so I cannot gain access at all. Can he do this? We are not resident in spain. We are not married. My name is on the deeds and the mortgage. I have obtained a copy of the deeds from my bank to prove ownership and intend to instruct a locksmith to change the locks. I will of course give my ex-partner a key when this has been done. Am I within my rights to do this? Also, since we have split up, I have not been able to contribute to the mortgage. Does this make any difference. Any help would be appreciated. Many thanks

hi have you had any luck with this ?? i am now in exactly the same boat . my ex has changed the locks also and i'm on deeds and mortgage . thanks karen

David William · 01-26-2012, 05:49 PM

I have a 25% share of a costa brava villa my my ex and her parents. I want out but they are reluctant to sell. They do not want to buy me out.
Is there any way I can force a sale or even sell my share to a third party?

**Debbie** · 02-17-2012, 11:44 PM

Hi, My Dad passed away in Spain in 2008. My dad & step mum had an apartment in joint names at the time of his death. We have never seen a copy of his will!
My stepmother passed away recently, today we found out that in March 2011 she requested to her solicitor, that my Dads name was removed from the deeds.
My question is, could she do this without us children (all my Dads) having seen his will?
How long would this process take?
can we request a copy of his will?

thank you