How do I get my apartment back?

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06 Jan 2020 20:58 by VivKing Star rating. 5 posts Send private message

About 23 years ago, my then partner and I bought an apartment in Tenerife. Not long after I had to leave Tenerife due to domestic violence and haven't been back since. My partner kept all the documentation. I now want to find out what my legal situation is, but the only thing I can remember is the complex name (not the apt number, as I never lived in it). Is there any hope for me or should I walk away? It's possible that my ex is dead, as there has been no activity on his social media account for 4 years. The estate agency where we bought the apt may not even be there any more. I live in Spain and can't just pop over to the Canaries. I am 72 years old and need to get what is rightly my share so I can leave it to my children.

Any advice would be gratefully received.





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07 Jan 2020 08:48 by angeleyes1 Star rating in Camposol & Bradford. 406 posts Send private message

angeleyes1´s avatar

Hello Viv

Clearly a job for a Spanish Lawyer and it will cost you.



_______________________
When you have to shoot, shoot, don't talk.



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07 Jan 2020 15:12 by windtalker Star rating. 1610 posts Send private message

I don't understand why you have left it 23 year's...to make a claim...is your name on the Deeds ...if so get in touch with a Spanish lawyer..





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07 Jan 2020 16:14 by Jarvi Star rating in Halifax UK and Sucin.... 716 posts Send private message

Does your ex partner have any dependants of his own (children)? as this may have some effect on any claim you may have, also presumably he has paid fully all the spanish taxes, community fees, council taxes, maintenance and repair costs for the last 23 years? Did you purchase the apartment outright and pay 50-50 each towards the cost? Sorry to be negative but dependant on value there may not be much left after you have factored in all these things.





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07 Jan 2020 17:09 by angeleyes1 Star rating in Camposol & Bradford. 406 posts Send private message

angeleyes1´s avatar

Jarvi, it is always our duty as EOS members to be polite and helpful, but the OP does not even know the address of the property and has zero documentation, she does not know if Mr VivKing is dead or alive. Perhaps this one would be a challenge for Inspector Colombo. This case could be a nice meal ticket for a Spanish Lawyer that ends nowhere. She abandoned the property 23 years ago, and will not even make the effort to go back and identify it.

Not too sure what advice anyone on EOS can possibly give.



_______________________
When you have to shoot, shoot, don't talk.



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07 Jan 2020 17:53 by baz1946 Star rating. 2133 posts Send private message

 

About 23 years ago, my then partner and I bought an apartment in Tenerife. Not long after I had to leave Tenerife due to domestic violence and haven't been back since. My partner kept all the documentation. I now want to find out what my legal situation is, but the only thing I can remember is the complex name (not the apt number, as I never lived in it). Is there any hope for me or should I walk away? It's possible that my ex is dead, as there has been no activity on his social media account for 4 years. The estate agency where we bought the apt may not even be there any more. I live in Spain and can't just pop over to the Canaries. I am 72 years old and need to get what is rightly my share so I can leave it to my children.

I still log in and read eye on Spain but the truth is these types of posts are getting to become nearly the norm now, I am sure some have analysed this post...But...To me it's a fake one...Why....

23 years ago they bought an apartment, not long after one had to leave...never lived in it so was it was bought sight unseen? Yet bought between the two which had to mean two names on some legal documents somewhere, this person did not buy it, but the other person did, so this one hasn't a leg to stand on.

Possible the ex is dead, did anyone from say council tax, electric company and so on contact this person to say the ex died? And who now will pay the outgoings?

The Estate agent may not be their now, has this been checked out, or even asked about? Or just presumed?

Remembers the complex name but not the number of said apartment.

Knows that their has been no activity on his social media account for 4 years, does that mean it had been checked prior to this, like it's said in the next 4 years, because it sure sounds like he was being checked up on before to know this, yet still no action taken.

49 years old when this person bought the place, still good memory back then, maybe not so now at 72.

Methinks no apartment, no poster, no partner, 23 years is a long time to lay out money and not fight or do nothing to get it, or some of it back.





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07 Jan 2020 18:58 by VivKing Star rating. 5 posts Send private message

This is not a fake. I abandoned the apartment due to serious physical abuse. Suffered from PTSD as a result and somehow my mind blocked the memory until recently. I am making every effort to locate my ex, but he will be 80 this year and possibly has died. I did not live in the apartment as it was a rental investment. I just wanted to know if I can get a copy of the escritura can I get possession of it.





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07 Jan 2020 20:17 by angeleyes1 Star rating in Camposol & Bradford. 406 posts Send private message

angeleyes1´s avatar

Hello Mrs VivKing

It may prove difficult to obtain a copy the escritura of an unknown property. Even if you did, are you named on it as the joint owner?



_______________________
When you have to shoot, shoot, don't talk.



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17 Jan 2020 14:02 by VivKing Star rating. 5 posts Send private message

I know everything except the number of the apartment, and I am on the escritura as joint owner.





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18 Jan 2020 19:39 by acer Star rating. 1318 posts Send private message

I believe that If you were registered as a joint owner, in theory, the property cannot be sold too easily without your agreement. 

If it were me I would book a holiday to Tenerife and visit a local Gestor to investigate for you.  If you draw a blank at least you can enjoy the holiday.  Otherwise you'll never know.





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19 Jan 2020 10:52 by johnzx Star rating in Spain. 5178 posts Send private message

Just a thought

From what you say Viv,  you should be on the community list of owners in the complex.

That being so, the Administration or the president should be able to easily provide the apartment address. You, or a gestor, will be able to make a search (nota simple) in the property registry in the town.  That will show who the registered owners are, changes of owners, any debts etc.  You can then decide what to do, or come back here and ask for suggestions .

PS  If you search for the name of the complex online, you should be able to find an entity (holiday letting agency, or the like) who can tell you who the admin is.

Good luck,  John 

 

 


This message was last edited by johnzx on 19/01/2020.



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21 Jan 2020 17:39 by MrsGuptaSingh Star rating. 1 posts Send private message

** EDITED - Against forum rules **

 


This message was last edited by eos_moderators on 21/01/2020 18:45:00.



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22 Jan 2020 11:36 by mariadecastro Star rating in Algeciras (Cadiz). 9232 posts Send private message

Legal Questions? Speak to Maria Direct

A research at the Land Registry ( it can be done online), is enough



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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