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Thegonnec
Thegonnec, Industrial Tribunal Judge
Category: European Law
Satisfied Customers: 15
Experience:  11 years experience as a judge with Paris Industrial Tribunal
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if a joint owner of a property is selling or gifting their

Customer Question

if a joint owner of a property is selling or gifting their portion to another owner, do they need consent from the other owners
Submitted: 2 years ago.
Category: European Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Could you please give me a little more information, please-

Is there a Mortgage on the property?

Do the owners own the property as joint tenants or tenants in common?

Is there a reason why the other owners should not be notified of this proposal?

I look forward to hearing from you.

Kind Regards
AL
Customer: replied 2 years ago.

For Aston Lawyer,


Dear Al,


Thank you for your response. Sorry I should have made it clear, this is a flat in Greece. It does not have a mortgage and is owned outright, in joint tenancy (I only own 12.5%). The other owners are my two sisters and until recently my uncle, but i have just found out that he has recently (four months ago) given his share (25%) to one of my sisters (who equally held 31.25% each).


I was not informed about this exchange (I have only just found out through being told of it by my solicitor who deals with my tax returns and the property for the family), and there is not a reason why the other owners should not have notified me. I think there is a possibility my sisters may have fabricated that i have incapacity, but i currently have no evidence that they may have done this. Alternately it may be an instance of keeping me intentionally uninformed. This follows a pattern of repeated withholding of records, deeds, registrations and information. They have failed to inform me on a prior occasion several years ago when both my sisters bought out another uncle, and subsequently claimed i was unwell at the time of their purchase when i was not. I am not incapacitated, nor have I ever had any incapacity that would give reason for them not to have informed me of this action, or had they informed me of it as a proposal.


Could i ask you again, would they have legally needed to have informed me, or sought my consent/agreement. Unfortunately i do not know if there is a deed of co-ownership which might state this, am in the process of trying to seek a copy if there is one, but also wondered if this would be stated in Greek property law.

Expert:  Aston Lawyer replied 2 years ago.

Hi Denis,

I'm afraid I am not qualified in Greek law, as I am based in England, so I will need to opt out.

AL
Customer: replied 2 years ago.

For Aston Law,


Thank you Aston,


I totally understand that Greek law will be different, and therefore appreciate that you have to opt out.


However i asked my question on the just answer web page headed European law, and wonder whether there is another lawyer who could answer my questions at Just Answer?


Thankyou for your attention to this,


Denis

Customer: replied 2 years ago.

For Aston Lawyer,


I totally understand that Greek law may be different, and that therefore you have to opt out if you are not qualified in Greek law, But is there another expert at Just Answer who could deal with my Question given that it is a European law answer page?


Thankyou, Denis

Expert:  Nicola-mod replied 2 years ago.
Hello Denis,

Thank you for contacting JustAnswer.co.uk.

It was brought to our attention that you asked a legal question about Greece, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you and refund the deposit, if you prefer.

Please let me know how you’d like to proceed,
Nicola
Customer: replied 2 years ago.

Nicola,


Thank you very much for your prompt response, and for Aston Lawyer for looking into my initial question. I am sorry you cannot cover any question falling under Greek law, but appreciate that without the appropriate professional it is not possible.


I would therefore prefer to close my question page and ask for a refund of my deposit.


I am however pleased to have found your website, for any possible use in the future.


Yours, with thanks, Denis

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