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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I own a property in Spain. We are now divorced

Customer Question

My husband and I own a property in Spain. We are now divorced and the Decree Absolute states that the property must be sold. I am to receive 75% of the sale price and I have control of the sale. My ex husband will not cooperate with viewings or the sale of the property. What are my options? Regards. Julia Mcgovern.
Submitted: 2 years ago.
Category: 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.
In which country was the Order made?
Is your ex still resident in the property?
Clare
Customer: replied 2 years ago.
The Order was made in Swindon County Court, England. My ex husband is still resident in the property.
Expert:  Clare replied 2 years ago.
Hi
I assume that this Order was made after a contested hearing?
Clare
Customer: replied 2 years ago.

Yes it was

Expert:  Clare replied 2 years ago.
Hi
Did you have representation - if so what did they say about the possible problems of enforcement?
Clare
Customer: replied 2 years ago.

Yes I did have representation. Because my ex never attended Court it was all done without his presence. Is there any way the Spanish police can be involved in enforcing the settlement?

Expert:  Clare replied 2 years ago.
Hi
Does your ex ever come to the Uk at all?
Clare
Customer: replied 2 years ago.

As far as I know he has been once to see his mother in Scotland. I don't know if he has been since 2012-13. I have no contact with him at all.

Expert:  Clare replied 2 years ago.
Hi
It will not be easy to enforce this Order since you will have to deal with it is Spain.
Your starting point is to apply to enforce the Order in Spain
This is certainly possible and you can read about the Spanish side of it here
http://www.mariscal-abogados.com/enforcement-of-foreign-judgments-in-spain-i/
Because it involves a property it is not as easy to enforce as a lump sum order would be and it could well be sensible to take advice from a Spanish Law form.
The starting point however is to apply to the court here in the UK to issue the Enforcement Order
You can read about the process here
https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/practice_directions/pd_part74b.pdf
https://www.moneyclaimsuk.co.uk/PDFForms/N219.pdf
PLease ask if you need further details
Clare