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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34286
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I left my husband and want a divorce, the only property

Resolved Question:

Hi, I left my husband and want a divorce, the only property we own is in Spain where he lives. Our children have left home and live in the uk.
He does not want to sell the house but i would like my share. We have been married for 30 years and there is no mortgage.
Can a divorce judge in the uk order the sale of a property in the EU.
Thank you for your help.
Regards,
Roxana
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare, the house is only worth around £60,000 now.

There is no outstanding mortgage, and there are no other assets to talk of.

He only has a state pension.

I'm 56, not working and live with my new partner.

Regards,

Roxana.

Expert:  Clare replied 2 years ago.
Hi
Where would your ex live if the property was sold?
Clare
Customer: replied 2 years ago.

I don't know, he may come back to the uk.

Roxana.

Expert:  Clare replied 2 years ago.
Hi
Doe she have anyone he could live with over here?
Clare
Customer: replied 2 years ago.

Hi Clare,

I don't see the relevance in your questions, what I need to know is can a divorce judge in the uk order the sale of a property in the EU, Ie Spain.

Roxana.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that it is relevant to the issue of whether or not the Court WOULD order such a thing - the Court will balance the needs of you both - so there is a very real chance that the Court will in fact NOT order an immediate sale
However if you do not wish to explore this issue then the simple answer is that yes an Order for sale made here in the UK CAN be enforced in Spain - eventually.
It will not be a simple matter - but the fact that both countries are in the EU means that it is possible
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you for your advice, i'm sorry if i sounded a bit short but these are very stressful times.

I needed to know if the courts could order the sale of the property at some point in time.

Enjoy the rest of your weekend.

Kind regards,

Roxana.

Expert:  Clare replied 2 years ago.
Hi
I do understand the problems - but I do have a strong fear that a sale will NOT be ordered in the circumstances that you describe
However as I said it could be!
I hope all goes well
Clare
Clare and other Family Law Specialists are ready to help you