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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5781
Experience:  Spanish Attorney
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About 22 years ago my father gave his Spanish villa to myself

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About 22 years ago my father gave his Spanish villa to myself and 4 siblings. It was all done legally with Spanish lawyers. There is no written agreement between the 5 of us on management etc, since the beginning all bills are split between the 5 of us. Anyone who uses it for a holiday puts extra money into the communal 'pot'. Due to other family difficulties, those being that my 3 brothers ran a business founded by my father and 10 years ago when father was 90 he discovered that his sons had left him out of a property deal that he had helped negotiate, but had used company money for it. The reason given by them was because he would not disclose who he was leaving his 25% share of the company to. This was settled by arbitration but caused a rift between my 3 brothers on one side and my sister and I on the other side. I have not used the villa for at 20 years, 2 brothers have not used it for many years and my sister has not used it for the last 2-3 years as her husband has had a stroke. That leaves the eldest brother who uses it for 4 weeks in the Summer when his children and grandchildren stay as well. This brother just organises with an English man on Menorca anything that needs doing and presents us with the bill for us to pay our share, which we feel obliged to do as the English chap has either done the work himself or arranged for others to do it. We know that 4 of us would like it sold but under Spanish law all 5 need to agree. The one person who uses it could not afford to buy us out. The villa needs money spending on it ( it was built 40 years ago) so renting it out is not an option. My sister and I have made repeated request over the last 8-10 years for a meeting with all owners present but they are ignored and we are waiting for an answer to our latest request, which has been acknowledged but no date set. My sister and I have just paid the latest bills but have told the English man not to do any work or pay any bills on our behalf without contacting my sister first and she has also explained why. This year I have paid about £1500 to maintain this property, that x5 is a lot for 4 weeks use a year and by someone else.! I can no longer use the property due to illness. I understand that I should pay my share for the property to be insured, local taxes and any repairs to keep it structurally safe but object to paying pool maintenance, gardening, electricity or any refurbishments or replacement of furniture, white goods etc. My question is what can my sister and I do about this situation? A recent email from my brother said he was going to draw up refurbishment plans and how it would be financed suggesting it would cost £20-25k each! I a sorry that this is a long email but one needs to understand the background, my elder brother is rather dictatorial and I fear my other 2 brothers just do as he says. Your advice would be much appreciated. Thank you.
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 have no idea who tell you you need a 4/5 agrement to sell buy it is no correct

José M. :

Spanish civil code says that no coowner will be forced to stay in the comunity as he does not want

José M. :

Article 400 of spanish civil code

José M. :

So, you can try to make an arregment, a deal, with the other co-owners, or contract a local attorney to sell the propiaty out and get your cash from the judicial sell ( Expenses will be deducted from the price gotten)

José M. :

So, Tell the other parts that you want to sell your part out, and try to get an agrement.

José M. :

If the agrement becomes imposible to reach, contract a localattorney to sell the propiety into a judicial auction and you will be free of the problem

José M. :

Obiusly it is the hardest way and the one which provides you less money, but the legal way to get some and no to get expenses for nothin

José M. :

I will be here if you need more help

José M. :

Please just write me and I will answer you asap

José M. :

Thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 5781
Experience: Spanish Attorney
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