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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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I have recently obtained a divorce in the uk. My ex husband

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I have recently obtained a divorce in the uk. My ex husband and I jointly own a property in Spain. I at first purchased the property off plan with someone else. I put down approx £40k thenatva later date my ex husband was put on the deeds. He continues to pay all fees for property(mortgage and community fees). I pay £100 towards this as I have othe financial commitments ie uk mortgage. It was agreed when we purchased property he would pay mortgage on apartment and I would pay uk mortgage. My ex is currently refusing to sell the property (very little or no equity in it) he refuses to provide any mortgage details or copies of deed, refuses me access to property though he frequently uses it I have offered to sign property over to him again he refuses. Is this something you can advise me on?

Attorney3044 :

Hi

Attorney3044 :

Its a big problem that you have

Attorney3044 :

I am an spanish attorney

Attorney3044 :

The only way you have to go out of the situation you are its

Attorney3044 :

1 To sell or to buy each other part by agreement

Attorney3044 :

2 To put a demand on court to sell it out because no agreement its possible

Attorney3044 :

No more ways, and the second one its expensive and could take several years time

Attorney3044 :

may be a good answer for you not to pay and tell the bank to take your part as a paid of the mortage

Attorney3044 :

To get an agrement with your ex or with the bank will be a good answer for you for sure

Attorney3044 :

The legal way its only good for us , the attorneys

Attorney3044 :

Please to rate my answer only when you are completely satissfied

Customer: I am quite happy to hand my half back to the bank but is that possible?
Attorney3044 :

Its possible but not compulsory to the bank

Attorney3044 :

But as long as you live in UK it will be easier for you

Attorney3044 :

The bank will think his chances if you do not pay

Customer: How would I go about that as he refuses to give me any details. It's with Caja Murcia
Attorney3044 :

They have very small chances to get more than the propiety from you

Attorney3044 :

My advide its to stop paying for several months 2/3

Attorney3044 :

Once thet realice that you are not going to pay they will contact you

Customer: I'm just worried if he does not pay mortgage they will try to recover debt from me as I have a house her in uk. He has no assets
Attorney3044 :

And then you will offer the propiety

Attorney3044 :

The bank has very hard way ton follow you out of spain

Attorney3044 :

And in adittion you have to look at your escrituras

Customer: What is that??
Attorney3044 :

In the mortage contract ( escrituras ) you will find one very important data

Attorney3044 :

They indicates the value of sold out in a judicial auction

Customer: Yes but again he has this and refuses me details. Caja Murcia are not very helpful, they just say you must pay
Attorney3044 :

This price its very hight and the bank its forced by law to get the propiety in the 60 per cent of this value

Attorney3044 :

I know they just wants you topay

Attorney3044 :

I work in spain for a lot of people in the same case as you are

Attorney3044 :

They are my own customers

Attorney3044 :

And I force the bank to accept the offer

Customer: Have you had dealings with this bank
Attorney3044 :

Yes

Attorney3044 :

The way to manage its as I told you

Customer: What in your opinion is likely hood of them accepting my half?
Attorney3044 :

I see a lot of options to accept

Attorney3044 :

Because I lnow the small chances they have if the do not accept

Customer: Ok if you we're to deal with it for me what roughly would it cost?
Attorney3044 :

If they do not accept they have very small chances against you

Attorney3044 :

Check in the contract you firm in the notario

Attorney3044 :

You will find a value for judicial auction

Attorney3044 :

The bank its forced by law in a judicial auction to get the propiety at the price of the 60 per cent of this value

Attorney3044 :

An the value its veru hight

Attorney3044 :

So I think they are not going to lose the chance to get the propiety by an agreement with you

Attorney3044 :

If they had another ways to get more money from you they will not accept

Attorney3044 :

But they have very small ways against you

Attorney3044 :

So, I suppose they will acept for sure

Attorney3044 :

If I were his attorney I will accept

Customer: Thank you for that.
Customer: Do you have details of yourself to represent me if I go down that route?
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