removal of name on deeds on jointly owned house

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21 Jan 2012 12:00 AM by connor-n2003 Star rating. 5 posts Send private message

Hi my ex and I bought a house in Spain aprrox 4 years ago. We have since parted and he is desperate to get my name off these deeds. He has paid the mortgage the last 4 years and I havn't contributed financially at all. I was quite happy just sitting with my name on these deeds but he wants me off and has resulted into a bully verbally. We paid 350 000 euros for this house and owe maybe 100 000 approx in morgage payments if that. He has changed the locks on this house so myself and our son can't access it . We are not residents in Spain although when it suits him he says he is as he earns a fortune and doesn't pay income tax in England or Spain and dodges between countries. He has been to see a Spanish solicitor but I've had nothing through at all. Does any Spanish law give him the right to change the locks and deny me entry ???  Can any Spanish law get my name off these deeds without my consent and also can he force a sale without my consent or make me go to court ??  I'm out in Spain in April and any advice prior to then would be appriciated . THANKS





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21 Jan 2012 12:42 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

EOS Team´s avatar

Sorry to read about the grief you've been having with this.

If it's joint ownership then you own 50% and I would assume he is then breaking the law by changing the locks and not letting you in.

If you really wants your name off the deeds then he's going to have to buy you out. 

The deeds would need to be changed at the notary but no, he can't actually sell it as if he went to the notary to get the deeds changed over to the new buyer's name, you would also need to be there to sign.

I would definitely suggest that you contact a lawyer to see them when you are over.

Best of luck with it all.

Justin



_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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22 Jan 2012 12:01 PM by connor-n2003 Star rating. 5 posts Send private message

Thanks Justin for your reply. His offer to buy me out was he will pay me maintainance for our son if i remove my name from the deeds. I'm entitled to maintainance anyway ! He thinks he is offering me a good deal . Then the tricks he has pulled lately he would just stop my maintainance once my name was removed anyway. He is a sad excuse for a man and doesn't even want any access to our lovely son who is only 8. . You know any hitmen on the Costa del Sol lol ( JOKE) . Just been informed now by a mutual friend that he has emptied all of my belongings from the house and dropped it all off in the U.K. Again surely he has no right to remove my belongings ?? 

THANKS AGAIN

 


 



This message was last edited by connor-n2003 on 22/01/2012.



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22 Jan 2012 3:09 PM by Halifax Star rating. 4 posts Send private message

Why post on here when you have to know you need a solicitor in England and probably an Abogado in Spain.

Any lawyer worth his/her salt can do a better job for you than posters on this or other sites.

Of course he can remove your things, whether or not he was right in law.

If he has property in UK you should be making an appointment with a solicitor now (alright first thing tomorrow!). Why have you not applied through the courts for maintenance?

I do not know but I would imagine some kind of charge could be put on any of his individually owned property - he's sure to like that.

 





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22 Jan 2012 5:49 PM by EOS Team Star rating in In Spain of course!. 4015 posts Send private message

EOS Team´s avatar

I think you really need to get a good lawyer involved to get this sorted out propely.  Like you say, if you agreed with what he was asking he could always go back on that afterwards after signing the whole house over to him.

Send me a private message and let me know where in Spain you are going to be and see if I know of any decent lawyers that could advise you.

I really hope you can get it sorted.

Justin



_______________________

Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain




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22 Jan 2012 6:47 PM by connor-n2003 Star rating. 5 posts Send private message

Halifax he doesn't have property in the U.K. I have seen an English solicitor who recomended I see a Spanish solicitor as the property is in Spain and he doesn't know the Spanish law. I will be going down the court route to gain maintainance as this is the only way it can be done without him stopping it everytime he feels like it but unfortunately is going to take time and cost a couple of thousand pounds to do this. I posted on this forum to hopefully get some feedback into the law in Spain on him changing locks and removing my clothes etc as I can't see a Spanish solicitor until April. I was wondering if i need to book into a hotel or can i get a locksmith to help me gain entry. Unfortunately I don't have a bulging bank balance like him so any free advice on here is welcomed.

 

THANKS





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22 Jan 2012 7:31 PM by Halifax Star rating. 4 posts Send private message

Sorry but it is far from the truth that chasing a maintenance order will cost thousands or anywhere near such a sum. If you go to a local CABx or Law Centretomorrow  they can help you with the paperwork and you can issue a summons in the magistrates court or I believe pursue a claim in the County Court. It is called DIY!

At the very least he would have to show how he is paying the mortgage in Spain and you then have him having to produce bank statements and other paperwork. Depending on your income you may be eligible for legal aid to enable you to use a solicitor.

Only a Spanish Abogado can help about the law in Spain anyone on this forum is just giving you their own story or telling you what they have heard from another. All that is probably worthless at the end of the day believe me.





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23 Jan 2012 7:13 PM by gwm Star rating in Pizarra. 139 posts Send private message

Have a look at www.belagal.com  they are  well established Lawyers in Marbella. You can ask a question for free online, always found them really helpfull on all sorts of problems.





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26 Jan 2012 5:41 PM by mariadecastro Star rating in Algeciras (Cadiz). 9363 posts Send private message

Legal Questions? Speak to Maria Direct

Some answers below in bold green (same text as your message):

 Hi my ex and I bought a house in Spain aprrox 4 years ago. We have since parted and he is desperate to get my name off these deeds. He has paid the mortgage the last 4 years and I havn't contributed financially at all. I was quite happy just sitting with my name on these deeds but he wants me off and has resulted into a bully verbally. We paid 350 000 euros for this house and owe maybe 100 000 approx in morgage payments if that. He has changed the locks on this house so myself and our son can't access it . We are not residents in Spain although when it suits him he says he is as he earns a fortune and doesn't pay income tax in England or Spain and dodges between countries. He has been to see a Spanish solicitor but I've had nothing through at all.

Does any Spanish law give him the right to change the locks and deny me entry ??? Not at all, specially if that was the family home.

 Can any Spanish law get my name off these deeds without my consent and also can he force a sale without my consent or make me go to court ?? No, your rights there are protected.

 I'm out in Spain in April and any advice prior to then would be appriciated . THANKS. Please let me know if you have further questions. I will be very pleased to answer.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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