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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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I jointly own property in Spain with ex partner he wont sell

Resolved Question:

I jointly own property in Spain with ex partner he won't sell it
Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.
José M. :

Hi there, Caroline

José M. :

José M. spanish attorney

José M. :

You have only two ways

José M. :

One is bad and the other one worse

José M. :

The first one is to get an agrement ( Even a bad one )

José M. :

The second one it to force the judicial auction of the propiety in order to make it cash and get some litlle money

José M. :

No more ways

José M. :

To follow the second one you need to contract a local attorney and it could take a couple of years...

José M. :

No more ways, tboth of them are complicated

José M. :

I recomend you a bad agrement before to prepare the judicial auction

Customer: Can I force him to sell house through estate agents.?
José M. :

No, you can force him to sell it out at court, judicial auction.

Customer: i went to the bank and they said I cannot leave the mortgage, still owe small mortgage, they would rather have 2 names than 1... What is that all about? How do I ever GED rid of this and ensure that in the future they don't come after me if he doesn't pay it?
José M. :

You have no way to be free of the bank. Just pay. Even if he does not pay. In this case you will have to pay alone and sue him ... Its so hard as it sounds

Customer: The house cost 180,000 euros, not including all the cash on furniture, maintenance blah blah. This was purchased 9 years ago, the outstanding mortgage about 45,000 euros. He offered 30,000 euros to me, LESS all admin, lawyers fees,,he will settle the mortgage.
José M. :

Believe me... In cases like yours is always better a bad agrement

Customer: can I rent it out if he does not agree
José M. :

Try to make it better, but the haerd way will cost money and health

José M. :

No you can no rent it if he does not want

Customer: i wish you were working in Glasgow! I don't know where to start to get this sorted
José M. :

Sorry for that

José M. :

But to lose money you do not need somebody alse. Think about to lose the minimun and do not worry if you lose more

José M. :

In court it will become a real hell

Customer: I know you are very sensible"....... he will not even respond to my emails now, to meet and discuss price, so very difficult.
José M. :

Listen, in this cases the person who is in a hurry always have worse position

José M. :

You can play two ways

Customer: tell me how I can now start the ball rolling to get this all sorted. Do I need a Spanish lawyer in orrihuela, or can I use a scottish lawyer?
José M. :

Well, scottish lawyer here make no sense out of to get an agrement. An spanish attorney will be no interested on to make an agrement because this way he will no earn so much money as in court. So, before to contract somebody alse try to get a bad agrement

José M. :

I can tell you links of speking english attorneys working in Spain

José M. :

But I tink it will be better for you to try the agrement by yourself

Customer: i meant a uk lawyer with Spanish law degree, apologies. There are a few but all in England ( London mostly lots of us with Spanish property all splitting up, Lol
José M. :

There are several attorneys here from UK ther are easily found. I can give you some links if you want

José M. :

But remember to try to get this bad agrement

Customer: i will do what you suggest , he is the one with the cash, and ask him to buy me out. If he agrees, do I need to go through a lawyer to get the deal sorted. And if so do I pay for taxes, etc . Some one said I remain on the deeds , that's a strange one?
José M. :

Weel, to have somebody who study your case will be the best for sure

José M. :

You have to make sure that you desapears from the escrituras and all the taxes paid

José M. :

And even the way to make it properly could save you some money

Customer: dont understand last sentence sorry
José M. :

There are several taxes to be paid, so, you will need somebody to help you anyway

José M. :

I mean that if the person you contract know about his job, he could save some money to you

Customer: thank yo so much for your help. Any idea Jose' how much this will cost approxiamately
José M. :

And that is the way you have to take. Save money and make the deal correct

José M. :

There are three differents taxes to be pay. The first one is 1 per cent of the tax value ( To be paid for him as a buyer)

José M. :

Second one is plusvalia in the city hall ( To be pay for you ) You need to ask in the city hall abou the cost of that

José M. :

Lat one tax is personal tax due to pay in the next year if you have to declare taxes in Spain. ( If you are no resident you do nt have to pay)

José M. :

And cost of the notario and register, and the cost of erase your name of the hipoteca. Important, a lot of people do not do that

Customer: Thank you. I just need to get him to agree a price, then find myself a Spanish lawyer near me, to sort out getting me off those legal papers,?. Tell me Jose !!this new woman ain't entitled to anything !,
José M. :

Yes, you got it. Try to agree the price in order to forget him and send them to... ( you know what I mean. )

José M. :

Is the best you can do, Get some little money, use the services of a good profesional, and forget it as soon as possible

Customer: Lol I think you are definitely Scottish!, same sense of humour!, please send me those links. Then I'll wish you good night. Many thanks for you help.
José M. :

Thanks to you. Have agreat night

Customer: Cheers
Customer: Caroline
José M. :

Cheers

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