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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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My uncle and I entered into purchasing a joint property on

Customer Question

My uncle and I entered into purchasing a joint property on an off-plan site 8 years ago. The builder went into liquidation, but we took them to Court and won on breech of contract. As they were in liquidation we could get no money back (86000E), and opted to transfer it onto another resort they had completed and were able to sell properties on via the Liquidation company. This was done but it meant we had to take out a mortgage. My uncle was then 72 (now 76) so he and I couldn't have a joint mortage. My new husband reluctantly agreed to put his name on the mortgage with me but my investment came from a previous house sale that I owned before we met. The long and short of it is that my marriage is unsafe and my husband is threatening to take into account my uncle's and my investment despite it being my grown up childrens future inheritance (we agreed this before marriage)...can I secure legally my uncle's investment plus the mortgage payments (all proven in Bank transfers etc) as a Debt against this property???
Advice much needed as my Uncle is, understandably worried not to mention furious that my husband would do this potentially should our marriage fail. He verbally gave my Uncle assurances 4 years ago that he would never include the property in his own Will which would include previous estranged children from another marriage who were given outright his previous marital home.

Im getting tremendous pressure to resolve this matter from my family

regards
mrs sally brothers
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

José M. :

Hi there

José M. :

José M spanish attorney

José M. :

I need toknow if the propiety is on your husbands name also or he just appers in the mortage

José M. :

Because if he does not appear in the propiety register the problem is just for him, he has no rights over the propiety

José M. :

But if he has his name on it you will have to make an agrement with him to go out and pay the taxes for that

José M. :

The worst for your own family is to leave him with his name on it ( On the propiety register)

José M. :

Is his name on the propiety register or he just appears in the mortage ?

JACUSTOMER-m7wvf9vl- :

How do I find this out Jose??? I believe we are both on the property register so what can I do to protect my Uncles investment which I can document and prove in bank transfers for the mortgage. In the Uk we are able to complete a Form to Legally 'Register our Interest in a Property'...in other words a Debt is placed on a property and it cannot be sold without consent ...

José M. :

It is not sure you both are

José M. :

You will have to reach the escritures

José M. :

If you do not know where the escritures are you could demand a copy in the notaria

José M. :

Or even you coulkd ask for a nota simple in the propiety register in order to know

José M. :

If he is, anyway, you have to manage with him in order to make an agrement

José M. :

First option, to go out of the propiety, you should pay taxes and expenses to arase his name in the propiety register

José M. :

Thats the best option

José M. :

Second one, to make a debt document in a notaria where he recognice he has no pay a penny on it and he refuses to all his rights on it, Worst than first option given

JACUSTOMER-m7wvf9vl- :

I believe we are jointly on the Register...I know it is a joint mortgage.. Is there a Spanish legal Form that can Register my Uncles Interest in the property...in total he has invested over 58000...the current mortgage is 71000 and the current value would be no more than 100000 in the current market..ahh I have just read your reply...so there is a Debt document that I can do via a Lawyer/Notoria...any idea as to how much this would cost Jose?...

José M. :

Well, if it is like that, make sure it is, the best way is to let him go ( he must accept it ) and to finish the joint on it with you. Taxes are 1 per cent of the catastral value of the propiety and expenses from notario, register, and City hall. In adition you will have to deal with the bank also because the bank have to accept him to go out of the mortage

José M. :

That is the best and safest way to manage. Other way is no so sure .... Its expensive but its the way how it must be done

JACUSTOMER-m7wvf9vl- :

I don't think this would be possible as I do not earn an income sufficient to be accepted by a Bank (I am 54 with spinal problems and am unable to work more than part time hours)... it looks as if I will have to go the Debt route on the property from my Uncle's perspective

José M. :

Yeah, if the first option is not possible, at least try the second option, but remenber to do it in a notaria in order to be safest

José M. :

is a huge difference between a private document or a notarial document in order to be in court askin or demanding money

José M. :

So, try to send him to a notaria in order to make a notarial document explain that he owes the money So his inheradators is decesased will have to pay this debts recognaced in the notaria

José M. :

A private document is worst,

José M. :

I gently ask for a good rate of the service, it is the way the site pays the expert

José M. :

I will be here if needed in another moment

José M. :

Please do not forget to keep my profile in favorites if you think I could be helpull later on

José M. :

Thank you and have agood day

José M. :

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Expert:  José M. replied 2 years ago.
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