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José M.
José M., Attorney
Category: General
Satisfied Customers: 4859
Experience:  Spanish Attorney
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I am living in gran canaria and both my partner and myself

Resolved Question:

I am living in gran canaria and both my partner and myself are non nationals but i have residency and she does not. We have been together for nearly eight months, living in her apartment [of which she is the sole owner and i have no share in but have helped in the renovations of the apartment]and for which i pay towards the food costs and also do all the cooking and general housework. neither of us work as both receive pensions from our native countries, she being norweigan and myself irish.My question is this, Where do i stand , legally , if she decides to tell me to leave the apartment [in the case of our relationship finishing]. Do i have any rights,under Spanish Law, to refuse to leave the apartment or can she lock me out of same.
Submitted: 1 year ago.
Category: Spain Law
Expert:  José M. replied 1 year ago.

Attorney3044 :

Hi

Attorney3044 :

If your relationship will broke in a future, you have short ways to ask her for the money

Attorney3044 :

All the money and time you spend on the propiet will be lossen if she want not to recognice the debt

Attorney3044 :

Its not aesy to manage, in fact, because the way you have now to assecurate your interest its to ask him / her to recognice the debt in a notario

Attorney3044 :

If he /she recognices the debt he will have to pay if you demand him

Attorney3044 :

But its hard to ask him / her to recognice a debt...

Attorney3044 :

If he / she does not recognice it your way to get your money back will be very hard

Attorney3044 :

I will be here if needed

Attorney3044 :

thank you

José M., Attorney
Category: Spain Law
Satisfied Customers: 4859
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you
Customer: replied 1 year ago.

my question was not about the money or getting it back , rather can she lock me out of the apartment or do i have any rights in Spanish law , as her partner , to stay in the apartment until such time as the case comes to court, as i am sure it will.

Expert:  José M. replied 1 year ago.

No She can no do that

As long as it is you home, the palce where do you live she can no deny the entrance or change the lock

She can no deny the entrance

In order to force youu to go she needs a judicial order

Customer: replied 1 year ago.

it is my home in that i live here with her but she is the owner. you do understand this.

Expert:  José M. replied 1 year ago.

Sure Sir

Its not matter that she owns it

The point its that to deny a person to acess to his own home ( propietor or not ) its a criminal offence in Spain

So, if she does not want you in there she will need a judicial order to force you to go

No matter if there are a price or not, if there is a rent contract or not, its your home, and that it is

José M., Attorney
Category: Spain Law
Satisfied Customers: 4859
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

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