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Jose please help me. My dead partners children are threatening that if I do not pay them their share of the house they will sell to a third party, can they do this?? Also do they have the right to enter my home and stay here? The house is worth very little now with the recession (a third of what we put into it 10 years ago) I have no money at all to pay what they are asking living on my own on my state pension,, and to sell will leave me homeless as not enough left to buy anything else... all my lifes work is in jeopardy - please can you advise. I have been told that the children do not have right to enter my home here in Spain without my permission and cannot sell it to a third party without my permission, but I have also been told by a qualified person that this is not correct.... where do I stand Kind regards.....Frances
Frances, I need to know sometging more about your case
Do you have the usufructo of the propiety?
How much is you share in the propiety? 30, 50, more?
Please answer my questions and I could try to help you
Well Frances I have got the answer from your previous questions I did not seen before
You have 50 per cent of the propiety and the use until a judge do not force you to go
In order to force you to go they have to demand in court the sold out of the propiety if you do not make an arregment to buy it
I mean that they have two chances, try to sell you the 25 per cent of them, or sue you at court
I am sure that the best will be to try to get some money from you and save money demanding you at court
No there was no Uso fructo in the will
If the arregment is not possible they will be forced to demand you at court, this way will be expensive and waste a lot of time, several years, 5 or ten easily
I know now is not usufructo there
No there was no Uso Fructo written into the will. I paid % of the property and this is written into the Deeds.. The two children have 25% of the property each.
Well, so they can no force you to leave until they get a judicial order
The order from the court could take several years
Have you tried to make an arregment with them?
One of the things that worries me with the poor relationship there has always been with the children as they blamed me fathers divorce in 1993, do they have a right to enter the property once they accept ownership of their shared 50%?? Can they sell their shared 50% to someone else without my permission???
They can no sell their part to anybody alse without let you to byt it at the same price
I will explain
If they get somebody interested on the 25 per cent ( hard busines) they will have to inform you of the selling price and let you buy it at the same price
They can no sell it out without your permission
I have had two different solicitors in Spain give me two different answers one positive saying no they have no right without my permission as it is my home and I am a resident in Spain and they are not. The other solicitor said that once they have signed acceptance of their inheritance they do have the right of entry and can sell their half of the house without my permission.
Once you say nothing about to pay the same price they are free to sell it out, but only then
I try to explain you what is it. If you live in the propiety nobody could entry there
If you do not live there they could entry and avoid you do
But I have no money at all to pay this and cannot raise the capitol without going into debt that I could not afford to pay back, I am 67 years of age and cannot get a job, even though I have tried. If I cannot afford to pay what they want and they can get someone to buy at the price they are offering ie 45,000 euros can they sell it to that person??
So it is very important to live there
Yes, if somebody pays part a sum you can no pay they only have to inform you and then once you do not buy they will be free to sell
I live here all the time it is my only home, they both live in England and are not Spanish residents, I am. They have 50% of the property between them
To live there is very important
So, living there is harder to force you to go
Can they still sell the house to a third party if I cannot find the money to pay them??
Yes. They could sell their part once they inform you and give you the chance to pay
If they inform you the price and you do not buy then they ill be free to sell
Do I have to sign documents to agree to them selling their 50% to a third party??
Really not. According to the law they have to inform you the price and let you 30 days to buy at this price, if you do nothing they become free to sell until the end of the 30 days time
They just have to inform you and let you 30 days to buy. thats all
Then I have a big problem as they told me the price on the 17th December giving me 28 days to accept!!! I think my time is up already
I did send a response offering them 20,000 less as I paid 20,000 more reform of the house which they are ignoring (plus a lot more making a beautiful garden)
Well, if they did it then you have 30 days, so the time is up, yes
I also have all the receipts additional things I personally bought and paid fixtures and fittings,
Perfect, so they could sell it out but you could sue them 20.000 or they could sell it to you
If they sell it out you could sue them at court 20.000 but you could not avoid the fact of selling
You have to wait what are they are going to do
I think thst the best is to accept your offer but.. I do not knpw
If I were their solicitor I recomend them to accept your offer
Thank you. Just to summarise my understanding of what you have said : They do not have right of entry whilst I am living in the house as it is my only home. If I do not accept their offer of purchase they can go ahead and sell it without my permission, however if someone came to view I would simply tell the person what they would not be getting with the property as they are my own personal possession's including taps in the bathroom door handles, fridges freezers, all the furnishings etc etc) I could sue them by taking them to court additional 20,000 that I paid into the reformation of the property. Do I have this correct?
I will answer you as you ask Frances
One other question: What is the average cost of taking them to court and would that be in the Spanish courts as the house is in Spain or would it be in the UK courts?
They do not have right of entry whilst I am living in the house as it is my only home - No they can no entry there at all. In no case
Regarding the question what is the estimated cost of taking them to court and would that be in the Spanish courts or the UK courts money owed to me?
If I do not accept their offer of purchase they can go ahead and sell it without my permission, however if someone came to view I would simply tell the person what they would not be getting with the property as they are my own personal possession's including taps in the bathroom door handles, fridges freezers, all the furnishings etc etc) I could sue them by taking them to court additional 20,000 that I paid into the reformation of the property. Do I have this correct? - If somebody buy it can no entry and even have to let you live there until he gets a judicial order to force youto go
How could they get a judicial order if the other 50% is owned by me?
Regarding the question what is the estimated cost of taking them to court and would that be in the Spanish courts or the UK courts money owed to me? To sue they 20.000 euros could be 3.000 or 4.000 and 2 years. You could will the expenses at the end and get your money back
Is that in the Spanish courts
How could they get a judicial order if the other 50% is owned by me? The new co-owner could demand at court to sell the propiety at judicial auction to be free to go with his money
Yes, in spanish court
First he haave to try an arregment with you to buy you his part
And once you two do not get an arregment he could ask judicial auction
It could take years
This does not sound good, and very, very stressful............ if they sold it tomorrow ( they may have someone waiting opportunity who has the spare money) who would I be suing extra 20,000 owed to me would it still be them or the new owner????
To be honest, only a business sark could be interested on a 50 per cent of a propiety, so be sure taht if somebody do it will be just to demand you in court to go at the next day. Be sure of that
I mean that not honest people buy half of a propiety. Just business sarks do it
Even more worrying!!
In the event they sold it tomorrow who would be responsible 20,000 owed to me that I put in refurbishment / rebuild of the property
Who would I be suing then if it belongs to someone else??
You have no chance to sue somebody different that they 20.000. Even to sue them money could be hard
You have no chance to sue somebody different that they 20.000. Even to sue them money could be hard Sorry I do not understand this response
I mean that if they sell it out you can no ask money to the buyer
I think I know what you mean, I would have to sue the beneficiaries now as a new purchaser would not be responsible - ie it would be too late
You can only sue they and you are not sure to win
The buyer of their share are not responsible debts, he buy their share and you can not demand him your credit with they
So it could be a waste of time and money trying to sue them money - I do have copies of all the transactions and purchases that were made with the monies sent over by myself and my partner
If you could prove that the money is debt by your partner you could win, but is hard to probe
Including all the bank statements and myself to corroborate the situation
you will have not easy
Even with the bank statements. They could say you waste the money because you want....
That nobody forced you to waste it there
Ok Jose, I think I have a good picture and a lot to think about... thank you, ***** ***** been very helpful
I will get back to you again should anything else crop up...........kind regards.......Frances
I am sorry to have hard news
Have a good night
It is what it is, I have been a fool and naïve past 22 years and should have done something a long time ago !!!!
Yes, you should ask usufructo to your partner as most people do it in Spain, thats right
But thinking about the things due to do in the past is useless now
So, do not suffer thinking about it
I was the main earner and always contributed far in excess to the house and home, we never married and did not register as partners.... always concerned about his will, but never expected it to be as bad as it is........Feel as though I have worked all my life now, but there must be others in the same position if not worse.... it is what it is .........good night *****, *****
Thank you Frances. Try to think positively thats the way to get happyness
I will be here if needed
Jose, I received the letter from their solicitor on the 15th December, due to the Christmas holidays and the difficulties with people not being available until after the 7th January here in Spain - and the fact that I am struggling to raise the money they requested (and still am) would it be accepted in law to have an extension on the 30 days they gave me to respond with an offer, ??
Question 2 is there a negotiation period that extends the 30 days??
the offer I made within the 30 day period (my solicitor did write to them on the 23 December and offered 20,000 which was less the 20,000 debt my partner owed to me) which I believe they rejected last week.
Question 3. As they have rejected the offer do they now have the right to put the house up to a third party without any further negotiation
I have not seen their response yet, have an appointment with my solicitor at 6pm this evening and hoping to get a copy of it then, will send the recent response and the original letter stating what they wanted over to you tonight Kind regards....Fran