How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask José M. Your Own Question

José M.
José M., Attorney
Category: General
Satisfied Customers: 4751
Experience:  Spanish Attorney
Type Your Spain Law Question Here...
José M. is online now
A new question is answered every 9 seconds

My Daughter lives and works in spain, has bought a property

Resolved Question:

My Daughter lives and works in spain, has bought a property several years ago in joint names with her boyfriend who has left her and spain.

After many months she is now unable to continue to pay the mortgage and can not sell or rent the house.

Can she legally pass back to spanish building society ?
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi there

Attorney3044 :

Legally the bank has no obligation to admit the propiety

Attorney3044 :

In spanish law does not exist the chance to give the propiety to the bank in order to pay

Attorney3044 :

your mother could negotiate with the bank

Attorney3044 :

but the are not forced to accept by law

Attorney3044 :

If she is working now, and if she does not pay the bank will seize her salary

Attorney3044 :

When you do not pay, they will demand you in court

Attorney3044 :

They cal sell out the propiety and if the sum gotten do not is enought to pay, then seize your salary

Attorney3044 :

But if she can not pay the best way its from the begining to write the bank asking for the cancelation of the doubt by giving the propiety

Attorney3044 :

Some people is getting it from the bank now, because a lot of people in spain can no pay

Attorney3044 :

The bank has no legal obligation to admit it but sometimes they do

Attorney3044 :

I will be here to answer you if you have more questions

Attorney3044 :

Thank you

Customer:

If the property has been bought in joint names, would the bank seize half of her salary. The other joint owner is back in England - can they claim money from him ?

Attorney3044 :

Well, the bank could choose who they seize

Attorney3044 :

The two of them have to pay all the sum to the bank

Attorney3044 :

So if he is on england they will demand to pay your mother because its easier for them

Attorney3044 :

They have a little chance to sieze him as long he stay in england

Attorney3044 :

They have the legal chance to seize your mother for the total sum debt

Attorney3044 :

They do not care its on name of both

Attorney3044 :

They can demand only to your mother to pay for all

Customer:

Is there a legal way out of this situation - she is unable to pay the mortgage and so may have to return to England ?

Attorney3044 :

The legal answer is to negotiate with the bank and if they do not want she could force the situation becuase legaly the seice has some limits

Attorney3044 :

So if she studies with the help of an spanish attorney her chances she can negotiate better

Attorney3044 :

She can stay without problems in spain, the legal problem its th stay with an small part of the salary seized

Attorney3044 :

if you tell me her salary I could tell you the riekes

Attorney3044 :

riskies

Customer:

Her salary is approx 28,000 euro - she is renting an apartment in Valencia to keep her work but is struggling to pay the mortgage on her property in Xativa

Attorney3044 :

one minute

Attorney3044 :

Does she live alone ?

Attorney3044 :

I mean somebody who depend on her ?

Attorney3044 :

If she nodody does the worse frame for your mother its to be seized about 300 euros once she have lost the hause

Attorney3044 :

if somedody depends on her will be less, about 250 euros

Attorney3044 :

So negotiate with the bank and if they do not want forget to pay them

Attorney3044 :

Force the negotiation without pay the bank

Attorney3044 :

In the worse frame, your mother take the risk than once she has lost the haose, no before, to be seized for 300 euros per month

Attorney3044 :

Thats all

José M., Attorney
Category: Spain Law
Satisfied Customers: 4751
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18385
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8484
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3296
    DVM, Emergency Veterinarian, BS (Physiology)