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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 4824
Experience:  Dual qualified Solicitor and Attorney
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My partner has a property in Spain, she was divorced from

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My partner has a property in Spain, she was divorced from her ex- husband 2017 as part of the financial settlement a court order was raised for the jointly owned Spanish Townhouse to be sold, my partners ex was instructed to continue to pay for the maintenance of the property which has not done, my partner has been paying all the maintenance costs since then to the tune of circa €10k, my partner now requires to sell the property however her ex refuses to even speak to her and has sent an email stating it’s his property and he’ll never sell. What court action can my partner take to force him to meet the outstanding court order?

Hi thank you for your message, and to confirm the original court proceedings was made in the UK?

Customer: replied 14 days ago.
it was, about April 2017 just after the formal divorce.

Understood, then it is possible for your partner to enforce the original order in Spain. The UK has a number of reciprocal agreements with other countries for the enforcement of such matters. That said, your partner will need to instruct a lawyer in Spain to enforce the order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 14 days ago.
Thanks, ***** ***** it not possible to enforce this court order in England?

Well it is possible to go to court in England for enforcement but as the property is in Spain ultimately it needs to be recognised in Spain and in practicality enforced there for the sale to take place for example. Therefore, it makes sense to get a Spanish lawyer involved now to enforce the original order. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 2 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Hello
Further to your last text to me, myself and my partner have consulted with a Spanish solicitor, his advice was that it would be much more expedient to try and obtain a UK court to assist Michelle with this outstanding UK court order by provisioning her authority to sell the property without his express consent. The Spanish solicitor felt that it would be problematic to request a family court to enact a Uk family court decision and even if it did, it would be both costly and timely. Can you recommend a good UK property solicitor who could assist? Do you think the Spanish solicitor provided good advice? Thanks

Hi thank you for your message, well it is certainly possible you could look to get a UK court to try to enforce the original order and there is something called an order for sale whereby one party can be given authority to sell a property without the consent of the other in order to get their share of the property money out so to speak but my issue with this is how that then becomes enforceable in Spain.

Customer: replied 9 days ago.
Thanks, ***** ***** is that we need to instruct a Spanish estate agent to market the house but they require both parties who are on the title deeds to sign or approve POA (Apostille) to enable them to be instructed. If we can get a UK court to provision my partner the right to unilaterally instruct a selling agent then we could use a Spanish court to enforce a sale if we get a buyer. Any suggestions? Thx

Yes so you can certainly get an order for sale here and then you need a Spanish lawyer to get the UK order recognised in Spain and then you can get a Spanish agent to sell the property. The first step is to get an order for sale here to enforce the original order. I recommend engaging a family solicitor to make an application on that basis.

If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.

Customer: replied 9 days ago.
Thanks we’ll try that. Regards

Glad I could help, take care.