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Thread: Dissolution of Joint Property Ownership in Spain

  1. #191

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    Hello Sinead,

    The transaction you are suggesting would not be considered a dissolution of the joint ownership, as this takes place when two or more co-owners dissolve the ownership to re-distribute the shares among them. In this case, one of the co-owners is transferring/selling his/her share to a third party, so the operation is regarded as a transfer or sale of a share ( 50 % in this case ) of the property.

    Please note that even if you are buying that half for 20K, the applicable Transfer Tax will still be calculated using the fiscal value the property, so I recommend you to find this out to get an idea of the costs before going ahead. If you provide us with the cadastral value of the property, we can calculate the bare minimum you must declare on the transfer to avoid further Transfer Tax requests from the Taxman. Additionally, declaring anything under this value could also be regarded as a donation, and attract much higher tax rates

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  2. #192
    Senior Member
    Join Date
    Oct 2008
    Posts
    311

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    Quote Originally Posted by helpless View Post
    Over 8 years ago I sold a property i owned soley in the uk, and used the proceeds to put down a large deposit and purchase a house in spain. My partner was put on the mortgage but has not contributed for the most part to the mortgage payments. She has now moved out as we have split up, and her and her two children have moved elsewhere. It was agreed that I would stay on at the house as I want to continue living there. She has now threatened to go to the bank to take her name of the mortgage/deeds so I will not be able to have the mortgage on my own, and has also said she wants me out the house. She initially agreed on me giving her 50% of the profits of the house market value at present after mortgage, but she is no longer being amicable. Also although she voluntarily moved out, and returned the keys to me, and is renting somewhere else, she wants to remove me from the house immediately by whatever means necessary as she says it is a joint property. Can she do that? Also is she entitled to 50% of the profits?

    Hello,

    First of all we need to establish that it was your partner who voluntarily left the house after breaking up with you. If it is true that she is the co-owner of the property with a 50% share, then she has the same rights as you. The best alternative in your situation would be to try to sell the property on amicable terms and to share out benefits, according to what was put down. If this is not possible, either of you will have the right to request at the courts, the dissolution of joint property ownership and proceed with the property auction with an identical distribution of the benefits. To force your ex- partner to come to an agreement we recommend you to engage the services of a law firm who can represent you in this matter.

    It is important that you avoid, in so far as possible, that she settles in the house as this would force you to accelerate procedures which could go against your interests.

    If she stops paying her share of the mortgage, the bank will request it from you and will repossess the property if payment is not satisfied in full.

    Finally please remember that any amount paid on her behalf will constitute a legal right which you will have once the property is sold.
    Marta Flores
    Legal Assistant at Lawbird
    Check My Profile

  3. #193
    Laraine
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    5 yrs ago I returned from Spain leaving my husband to follow me at a later date.we lived 6mths in uk 6mths in Spain..
    One parent was seriously ill, and the birth of a child prompted my return.. Although things were very strained.
    I returned in May 2008 in Sept 2008I learned my husband wanted a divorce and to make matters worse, emptied all bank accounts leaving me destitute.. He had arranged to visit Thailand and prospective brides were waiting!,
    In order to freeze accounts of which there were multiple and very healthy I filed for divorce.
    Because he was in Spain this was very expensive, but I was able to retrieve ample funds be it 50% which was only fair.
    But my ex retained our villa worth £395.00 as he advertised, but said would be approx 2yrs for a sale,
    after 5 yrs he is making no attempt to sell he lives there with new wife ,but is making a tidy profit excess 10,000e pa
    He will not sell, not allow, me to share even though 2 apartments, just cuts me off when I ask,,,the agreement was I got 50% of rental
    To date nothing...
    How can I get him to sell or allow me my assists.my name are on deeds. And I worked all my life to enjoy the lifestyle but feel cheated.

  4. #194
    Lorraine
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    My American fiancé and I (British) bought an apartment in joint names in 2004 in Galicia. He died suddenly in Galicia whilst on holiday in 2005 without any mention of me in his American will, which had been written years prior to us meeting.I have legal documents from the lawyer who dealt with his estate in America stating that his heirs ie 3 sons have relinquished their interest in the apartment. Can you advise me on how I can now remove my fiances name from the title deed leaving it solely in my name? I have been trying to sort this out for all these years and only just come across your website. I very much look forward to your reply.

  5. #195
    michelle harris
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    Hello, my mother passed away 5 months ago. My sister and I inherited her half of a property in Barcelona. The other half is owned by her partner. He is expecting us to continue to pay bills for the property until he wants to sell. We wish to sell as we do not have the money to pay the bills it has an outstanding mortgage. Can anyone one of us force a sale. We live in the UK and he is still living in the apartment.

  6. #196

    Default

    Hello Michelle,

    Yes, you can force a sale at the Courts to dissolve the joint ownership. However, the court sale must cover your half´s debt, otherwise you will have got rid of the house but still keep a debt.

    I recommend you to try and get to anagreement to sell the house in the Free Market to avoid being left at a loss.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  7. #197
    michelle Harris
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    Thanks Patricia for your reply .
    I think the biggest problem is getting any agreement with my mother partner he does not speak to me at all and acts on my behalf without permission.

  8. #198
    Emily
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    I am thinking of buying a property in Spain but want to know if buying a property jointly has the same meaning in Spain as it does in England ie if a joint owner dies the property immediately vests in the surviving joint tenant and a will is not required to do this? I wonder whether it more akin to buying as tenants in common in England? Could you please clarify this?

  9. #199

    Default

    Hello Emily,

    The British and the Spanish system are different in that regard. In fact, in Spain we do not do leasehold transactions, there is no such concept; all purchases are freehold.

    When a property is bought by two parties, each of them will have 50% ownership title. If any of them dies, his/her 50% will belong to his/her heirs following an inheritance process. The heirs will be those the Spanish Law determines, unless the deceased had made a will in Spain indicating something different, so British Law would apply ( providing the deceased had Estate in the UK as well ). If the deceased only had assets in Spain and had not made a Will, Spanish Law would apply. Also, if the only owned Estate was located in Spain, and if a Will was done against Spanish Inheritance Law ( where children are legitimate heirs ), the heirs could contest the said Will in their favour.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  10. #200
    Jason
    Guest

    Default Dissolution of Joint Property Ownership in Spain

    Hello,

    Me and my father have a joint property in our names. My father also has two other properties, one joint with my sister, and one joint with my mother. Two of the properties are very difficult to let.. and we have decided to give them up to the bank. However, as all three properties are mortgaged with the same bank.. the bank said we can only give up all three.. or none. Not just two of them. We decided there to try to put the main property (joint with me and my father, just one one of our names).. and all the others just on my fathers name... so that he is then able to let them go and give them up to the bank. Could we use the dissolution of joint property in this case and just pay 1% for each property?

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