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José M.
José M., Attorney
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I am married to a Spanish lady I am English not resident in

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I am married to a Spanish lady I am English not resident in Spain living in uk. We are separated but not divorced yet. She owns a house in Tenerife in her name only . I only a house in Mallorca in my name only . The property in Mallorca has been repossessed by the bank .

I want to protect her and know that she is not liable in any way for debts once the bank sells the property in Mallorca because they will obviously expect me to pay the difference. Is she ok or is she liable too?

Thanks
Rob

Attorney3044 :

Hi

Attorney3044 :

I am an spanish attorney

Attorney3044 :

Please let me some minutes to answer your question. Thank you

Attorney3044 :

Hi RoB, We have to study the escrituras, the papers signed for you two in the notaria

Attorney3044 :

If you two have signed as debitors or similar her propiety its not sure

Attorney3044 :

In Spain, debitor, must pay with all his goods, presents or futures

Attorney3044 :

So, If the sum gotten in the first proccedure its not enought to pay alll the sum debt, the bank could seize the second propiety and begin a legal procedure against it

Attorney3044 :

The worse part of it, its that she has very few options to defend her propiety

Attorney3044 :

The best way to try, is to contract a local attorney who study the escrituras and try to make a good defend of her position

Attorney3044 :

Even when it will be hard to manage the answer will be in all cases to contract a local attorney who study all her options

Attorney3044 :

In order to get a local speaking english attorney, we could use the site of the UK consulate in Spain

Attorney3044 :

https://www.gov.uk/government/world/organisations/british-embassy-madrid

Attorney3044 :

I will be here in you need more information, you can write in all moment

Attorney3044 :

Please do not forget to make a good rate of the service when you were completly satissfay with it

Attorney3044 :

I will do my best to help you

Attorney3044 :

Thank you

Customer:

The property in Mallorca is in my name only and the property in Spain is in her name only does that still make her liable ?

Attorney3044 :

But did you sign in the escrituras of the other one ?

Attorney3044 :

When she buy it did you sign in the notaria ?

Attorney3044 :

Because if you signed you are a debitor as she is and then your own propiety is on the same risk as hers

Attorney3044 :

If you did not sign you have no riskes and your propiety either

Attorney3044 :

Did you sign? You two signed in the notaria when she bought?

Customer:

I did not sign in notary she purchased house in her name only . I was in uk when she purchased house

Attorney3044 :

Well, perfect

Attorney3044 :

If you did not sign your propiety has NO riskes

Customer:

when I purchased house in Mallorca she did not sign in notary

Attorney3044 :

Perfect

Attorney3044 :

The bank has no chance to go against you or your own propiety

Attorney3044 :

You have no riskes for that

Attorney3044 :

Nothing to be worry

Customer:

So if the bank comes after me for debt in Mallorca she is ok they cannot touch her house is that correct?

Attorney3044 :

Corrrect

Attorney3044 :

No way to go after her

Attorney3044 :

They need her sign

Customer:

You are a superstar thank you I just wanted to know she was ok

Attorney3044 :

If she did not sign the bank has no chance

Attorney3044 :

The bank needs the sign of the debitor

Attorney3044 :

So, she has no riskes. Do not worry

Attorney3044 :

If you are sure that she not signed in the notaria you have nothing to be scared of

Attorney3044 :

Please do not forget to rate my service positevely, if you do not do it the site does not pay the expert

Attorney3044 :

Thank you. Have a good day

Customer:

And I did not sign for her house either which is good thank you have a great day

Attorney3044 :

I will be here if needed

Attorney3044 :

Thanks to you

Attorney3044 :

For sure they are very good news for you two

José M. and other Spain Law Specialists are ready to help you

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