Messy Separation laws

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13 Sep 2008 12:00 AM by Pico163521 Star rating. 11 posts Send private message

Can anyone qualified help with a general opinion please?
I have just confirmed, through underhanded means, that my wife has been "follando" with our next door neighbour for the last 6 weeks! A man I thought was a friend etc.
Suspicion has been high for a long time and 4 weeks ago my wife said she saw no point in the marriage. Now i know why.
Thats the easy part. Now it gets complex.
We have an apartment and a house here, nothing in the UK. No children at home, all over 18.
Everything here was good until 2 years ago when my company had a problem with the hacienda due to negligence by the gestor. Net result: big fine that I could not pay. I had to close the business in December last year.
I have struggled financially since then, and if that was not enough, we lost 50,000€ that had been invested in another (3rd) apartment which had many embargoes on it, and in April was repossesed by the bank from the bankrupt builder with no chance of recovering a cent.
Today, both properties are behind on mortgage payments, partly because my wife stopped helping (we know why). I guess that proceedings will start on both in the near future as we have already been trying to appease the banks for 4 months.
After all the truth came out on wednesday, my wife is now parading around with her new boyfriend and is saying that she will not leave the house. In fact she is asking ME to leave. it is so clear that her family would help to clear the arrears if I left, allowing her and her lover to occupy our house. (Although the monthly quota of 1450€ would be impossible for her to pay). There would under normal circumstances be 175,000€ of equity in this. The apartment maybe 50,000€.
I would prefer that we both lose everything, as i can start again, than give her anything. The man in question is being divorced himself, has no assets, is renting the property and lives week to week.
Questions: if my wife agrees to pay the bank debts off, where do I stand? Can she force me out, even though she knows I have no regular income?
If i just wait for repossession proceedings, we will both lose. I sort of like that idea. However, I would like to have an idea of what she can do, before I decide?
My Spanish friend says that today men here are being judged unfavourably by the courts.
I had suggested selling the apartment 1 month ago, as i had a private buyer. She categorically said no.
Sound advice please someone?





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15 Sep 2008 4:17 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

mariadecastro´s avatar
If the house ownership title is under both your names, you cannot be forced out. If a judicial procedure start against you, you will need proper legal representation for the protection of your rights. 

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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