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José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6147
Experience:  Spanish Attorney
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My question.....My partner of 5 years put my name on the

Resolved Question:

Hi. My question.....My partner of 5 years put my name on the title deeds on our house in Spain to show his commitment and make me feel more secure in our relationship. I have contributed no money whatsoever towards the purchase and running of the house, but we have recently split, and he want to have the house in his name only. He has advised me that he will never sell the house, so I will not receive money from that method, nor any other payment from him as a separation gesture. How do I stand legally and financially? And does he have to pay me to have the house in his sole name? Can he leave both our names on the deeds and assume I’ll forget about things? Thank you in advance for your answer. Mo Simpson.
Submitted: 2 months ago.
Category: Spain Law
Expert:  José M. replied 2 months ago.

Hi, legally you have all the right to this part, so you van reach the agrement you consider honest because legally you are the owner of this 50 per cent

He has no more chances than you have becasue both of you have the same legal rights

So try to think what do you believe is honest for you and let him know He will have no legal chances to reject it and force you by another way

Customer: replied 2 months ago.
Thank you José, but does he have to pay me to remove my name from the title deeds?
Expert:  José M. replied 2 months ago.

Well, there are some expenses and taxes you have to pay when you go out of there.

So, he will have to pay you tis taxes and expenses

First you have to go to a notaria or similar to sign or make a power in favour the person you desing to sign on your name, they there are 6 months to pay taxes at the city hall (plusvalía ) and "transmisiones" tax at the tax office of the Comunidad Autónoma

So, even you you do not want earn a cent he will have to pay expenses and taxes

Thank you

Customer: replied 2 months ago.
I still don’t understand José, sorry. He wants to keep the house , but take my name off the title deeds..... does he have to pay me to do this?
Expert:  José M. replied 2 months ago.

If he pays for the propiety he has not to pay you. But legally as it is yours you could ask for money and he has no chances to avoid to pay you. It was his mistake.

And even if you want nothing and sign and sell there will be come taxes to be paid for you.

So, you will have to decide if you want to charge him with something for you and just the taxes

Whatever you decide he will be forced to admit it beacuse he has no legal way to force you at court

Customer: replied 2 months ago.
I am very sorry José but because of the language difference, I still don’t understand my rights and have a definite answer to my question/s1. Does he have to pay me to remove my name from the deeds?
2. If he refuses to sell, does he have to pay me?
3. I paid nothing towards the house and no running costs, so does that give me any rights at all?
4. If I refuse to take my name off the deeds, will this still be the same problem for my children in years to come when both of us have died?Thank you.
Expert:  José M. replied 2 months ago.

1. Does he have to pay me to remove my name from the deeds?

No, he has not to pay you if you agree

But there are some taxes to ba paid legally for you and he could pay on your name
2. If he refuses to sell, does he have to pay me?

If he sell or not, if he wants to erease your name from deesds he will need your sign
3. I paid nothing towards the house and no running costs, so does that give me any rights at all?

Yes, you are legally the owner of the 50 per cent of it Its not matter who pays now, you should pay 50 per cent of taxes and expenses
4. If I refuse to take my name off the deeds, will this still be the same problem for my children in years to come when both of us have died? If you refuse to do something the main problem is for him really

In no case your sons problem

The real thing now is what do you want, if you want money or not. Because he will have to accept your decision

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