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José M spanish attorney
I need toknow if the propiety is on your husbands name also or he just appers in the mortage
Because if he does not appear in the propiety register the problem is just for him, he has no rights over the propiety
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
The worst for your own family is to leave him with his name on it ( On the propiety register)
Is his name on the propiety register or he just appears in the mortage ?
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 ...
It is not sure you both are
You will have to reach the escritures
If you do not know where the escritures are you could demand a copy in the notaria
Or even you coulkd ask for a nota simple in the propiety register in order to know
If he is, anyway, you have to manage with him in order to make an agrement
First option, to go out of the propiety, you should pay taxes and expenses to arase his name in the propiety register
Thats the best option
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
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?...
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
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
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
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
is a huge difference between a private document or a notarial document in order to be in court askin or demanding money
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
A private document is worst,
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