I ENGLISH AND LIVE IN ENGLAND AND HAVE A VILLA IN FUERTEVENTURA WITH MY PARTNER. BOTH OUR NAMES ON THE PROPERTY WE ARE ABOUT TO SEPERATE AND I WANT TO SELL THE VILLA BUT HE DOES NOT. WHERE DO I STAND WITH THIS IN REGARDS XXXXX XXXXX LAW. I HAVE SEEN AN ENGLISH SOLICITOR AND THEY HAVE RECOMMENDED THAT I SPEAK WITH A SPANISH LAWYER. PLEASE CAN YOU ADVISE ME. THANK YOU xxxx xxxxxxxx
SPEAKING WITH AN ENGLISH SOLICITOR WHO ASKED ME TO CONTACT A SPANISH LAWYER
If you want to sell and your partner does not want to, you can offer him to buy you out. If he refuses, or offers a ridiculous price, your only recourse will be to sue him in order to obtain a court ruling ordering him to sell and setting the conditions for said sale.You should firstly send your partner (or ex-partner, it does not matter, legally, if you are not married) a letter by recorded mail telling him you want to sell your share of the property and asking him either to buy your share - you need to set a price, or agree to put the property on the market. If he does not answer, or refuses, you will need to instruct a Spanish abogado (lawyer) to initiate court proceedings.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).