Relationship split but joint owned property

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16 May 2019 00:23 by Kell3 Star rating. 4 posts Send private message

Good eveing

ive had a lovely message off my ex today who has stated he’s changed locks on property we jointly own in Spain and because I’ve made no payments for a year that means he now has 100% ownership of property.  

Is this at all possible? We are both joint owners 

 

thanks in advance 





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16 May 2019 08:23 by Kavanagh Star rating in Oil Drum Lane Newcas.... 939 posts Send private message

Kavanagh´s avatar

Hello Kell and welcome to EOS

This whole situation could become problematic, expensive (legal fees) and go on for years.

Why are you bothered about him changing the locks? Do you want access to use the property or has he just wound you up?

If you are joint owners and you are on the deeds (Escritura) you remain joint owner.



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There is enough in the world for everyone, but not enough for the greedy!



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16 May 2019 09:01 by Kell3 Star rating. 4 posts Send private message

Thank you I love the property in Spain and I’m not happy that. He feels he can do this.  I just want to know legally what can he do? 





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16 May 2019 09:39 by Kavanagh Star rating in Oil Drum Lane Newcas.... 939 posts Send private message

Kavanagh´s avatar

Kell you might love the property in Spain but are you now separated and in the UK? Is it his main place of residence and just a memory to you?

Legally he can change the locks on a daily basis if he likes, what does it matter?

The only things you need to be concerned about is getting your share of the equity out of the property, that’s if there is any. Discharging any debts and liabilities you may have relating to the property and your relationship.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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16 May 2019 11:09 by Kell3 Star rating. 4 posts Send private message

The property was bought with cash and he lives in the uk as do I! 

So im also half owner so there fore I can change locks daily too 





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16 May 2019 11:42 by Kavanagh Star rating in Oil Drum Lane Newcas.... 939 posts Send private message

Kavanagh´s avatar

Kell I am only trying to help and advice with very limited information on your situation. Should one of you make the property your main residence, and that means living there, being Spanish resident, being on the Padron, that person legally would have the upper hand, especially if it came to a disputed Dissolution of Joint Property Ownership.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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16 May 2019 12:03 by johnzx Star rating in Spain. 5241 posts Send private message

Kell as explained if you are shown on the escritura as part owner then that is your legal situation.  The property cannot be disposed of without both owners agreeing.  Unless it goes to court and an order is made which dictates another course

you could go to a lawyer and incur expense or you could discuss the situation with the other part owner and come to the agreement which you may do using a lawyer

Common sense would seem to say, make an amicable arrangement with the other owner





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16 May 2019 12:57 by Jarvi Star rating in Halifax UK and Sucin.... 728 posts Send private message

kell

its sounds like your relationship has really hit the buffers with no chance of compromise. If it were me I would tell your ex that the next time you go to Spain you will be employing a locksmith to gain entry and change the locks again, as half owner you are entitled to do so. This might make him think twice about changing them again or he may give you a set of keys. You mentioned that you haven't made payments for a year, presumably these are for community fees, council taxes and non resident income tax? I would advise that if you are in a position to repay these amounts that you do so as IMHO should you end up going down the legal route you would be in a far better position, As for his assumption that he has 100% ownership, he is dreamining. Even if he were to pay you to buy out your share there would be significant costs in doing so as I think even though you were partners or husband and wife the tax authorities would class it as a sale of property. (If I am wrong on this point someone will correct me)





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16 May 2019 13:21 by Kavanagh Star rating in Oil Drum Lane Newcas.... 939 posts Send private message

Kavanagh´s avatar

Absolutely correct John. Unfortunately relationship breakups are often bitter and end up with a load of childish tit for tat expensive nonsense.  A Lawyers paradise and meal ticket they will milk for every euro they can get.

Usually there is a lesser rate of tax to pay in a buyout situation, but you would need to check out the exact details as with everything in Spain.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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16 May 2019 14:16 by Kell3 Star rating. 4 posts Send private message

Thank you for taking your time out to reply we split up 3 years ago he’s just decided that he is now wanting me off without offering me any money 





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16 May 2019 18:00 by Kavanagh Star rating in Oil Drum Lane Newcas.... 939 posts Send private message

Kavanagh´s avatar

Hello Kell 

Maybe I and others have jumped the gun in offering advice and opinions that have not actually been asked for. 

Your last comment. The laws in Spain are not always the same as the UK, you can ask a question in Spain and get 10 different answers. 

Were you married or still married? Who’s cash paid for the property? He cannot simply get you off the deeds. If this case goes the legal route expect 5 years to lifetime and a legal bill minimum of €5,000 each.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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16 May 2019 18:13 by Jimbofinn Star rating in Chiclana De La Front.... 202 posts Send private message

Jimbofinn´s avatar

Hi, I went through the dissolution of property process with my ex wife a few years ago albeit on amicable terms. As has already been stated, the property is still jointly owned until the dissolution process is carried out.  You could preempt this by starting this process yourself and have him removed from the escritura, or indeed he could do this with you, but either way both parties will have to agree to the process. the costs of which are around 3k.

Good luck



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Regards



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16 May 2019 18:21 by johnzx Star rating in Spain. 5241 posts Send private message

Kell Sorry to repeat this but unless you both want to waste money on lawyers, who drag it out unnecessarily to justify their bills, come to an amicable agreement.   The fees you will have to pay to sell or transfer the Property to one or other will be the same whether you use a lawyer or not

 

 





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