Australia Law

Have Australian law questions? Ask a lawyer now.

Connect one-on-one with {0} who will answer your question

My wife has 50% share of house in Spain with her ex-de-facto.

Customer Question

She has an abogado in...

My wife has 50% share of house in Spain with her ex-de-facto. She has an abogado in Spain who requires a Power-of-Attorney in Spanish and English signed by a Lawyer, if he's to be able to act on my wife's behalf and to represent her in her dealings with her ex-partner's abogado in Spain over the disposal of their common property in Spain. There is a question over the rental of this property since 2011 by the ex-partner during in my wife's absence from Spain, as she has received no share of the rental. Also there were funds held in their joint-account which have been taken by the ex-partner, mostly to pay for his new car in 2007 when my wife first came from Spain to stay with her children here and in New Zealand. My wife has no plans to return to Spain.

Submitted: 11 years ago.Category: Australia Law

Show Less

Ask Your Own Australia Law Question

Answered in 2 hours by:

7/22/2011

Solicitor: Leon, Solicitor replied 11 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Afternoon

Is the ex able to have one prepared in in Spain and sent to you for execution?

Has your wife spoken to him about the money and the rent?

Have they agreed on the way the sale proceeds will be split and does your wife know who the Notary that is acting on the sale of the property is?

Customer reply replied 11 years ago

hi Leon, sorry for my delay and thank you for your contact, much appreciated.

My wife's ex is not available, although I believe my wife's abogado in Spain can contact his abogado, once we have prepared and authorised a Power-of-Attorney for my wife's abogado. We met my wife's ex in Nov 2010 for a few days and we didn't even know he planned to move away from the property or intended to rent it, so she hasn't discussed the rent with her ex, but they did agree my wife is entitled to 50% of the property in Spain. I have a form of Power-of-Attorney my wife's abogado offered us to use as an example to provide our lawyer with so a proper Power-of-Attorney could be created for my wife's abogado. Do you want me to email you a copy of this form?

Rob Traynor

Solicitor: Leon, Solicitor replied 11 years ago

Good Morning

So you need a Power of Attorney created in Spanish?

Also need it translated?

What state are you in?

Customer reply replied 11 years ago

Leon, we need a Power-of-Attorney created in Spanish AND English to permit my wife's abogado in Spain to act for my wife in his dealings with my wife's ex-partner's abogado over the jointly-held property in Spain. We live in Perth Western Australia, the ex lives somewhere in Spain, our abogado lives in Spain at Almeria. Do you want me to email you a copy of the form provided to her by her abogado as a sample Power-of-Attorney? Can you send me your email address if you do want it?

Thank you.ob Traynor

Solicitor: Leon, Solicitor replied 11 years ago

Good Evening

There is no need to have the Power of Attorney sent to me.

As he has sent you a draft that you can use there is nothing to prevent you from using that draft and creating a new one.

You wil then have to see a Notary Public to have it signed.

The Notary should be able to have it translated and then prepare a Certificate for them both. They will then notarise them and send them to have the Apostile Applied by the DFAT (Department of Foreign Affairs and Trade).

This is then Valid in Spain and world wide.

I hope this is of assistance and if so please click on the accept button.

Customer reply replied 11 years ago

Leon, sorry for my delay - thank you again. However my query really relates to the draft we received from my wife's abogado in Spanish and English. It needs someone fluent in Spanish and English to confirm the details are correctly entered to be acceptable and valid - the ONLY Notary Public available in the Wheatbelt area of Perth WA that I have found is willing to authorise the English version but states he can't read the Spanish version and understand it sufficient to authorise that version? I can't get hold of him yet to check if he can get it translated. Are you Australian-based, can you arrange a ratified translation and what will that cost me, please?

Rob

Solicitor: Leon, Solicitor replied 11 years ago

Good Morning

Does your wife read spanish?

Can she confirm to him that the spanish version is the same as the English version?

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a solicitorLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Australia Law Questions

My late wife took out a joint mortgage on a property in

My late wife took out a joint mortgage on a property in Queensland when she was in a previous relationship back in the 1990s. The other party in that relationship has also recently passed away. The la… read more

Leon

Solicitor

Master's Degree

52,712 satisfied customers

I am Australian,married in Oman to a Filpina who is now Australian.

I am Australian,married in Oman to a Filpina who is now Australian. We have been separated for twenty years; I reside in Spain with my spanish "common law"wife of 18 years; my wife lives in Sydney wit… read more

Leon

Solicitor

Master's Degree

52,712 satisfied customers

Deborah: Hello there and thank you for your time. I am about to buy

Hello there and thank you for your time. I am about to buy a property with a de-facto husband and we have a 4 year child together and we are based in NSW. I have bought a property recently and want to… read more

Deborah Awyzio

Principal Accredited Family Law Speciali

Bachelor's Degree

863 satisfied customers

Answers from Two Experts requested: Hi, I am currently involved in a compensation claim th

Hi, I am currently involved in a compensation claim through TAC. If Im successful in obtaining compensation, is there anything my ex partner can claim from me? She moved out 3 years ago and left our 3… read more

James D. Ford

Solicitor

1,600 satisfied customers

I owned a block of land with a friend as tennants in common.

I owned a block of land with a friend as tennants in common. My friend was also my employer and due to personal differences terminated my employment. Although struggling I was still able to pay my sha… read more

Patrick H.

Lawyer

5,422 satisfied customers

What is your understanding and experience of the Administration

What is your understanding and experience of the Administration Act 1905 in Western Australia? What are the rights if any of legal spouse (wife)… read more

Leon

Solicitor

Master's Degree

52,712 satisfied customers

My ex partner (defact) and I separated in November 2011. But

My ex partner (defact) and I separated in November 2011. But then started seeing each other a month later for approx 4 months but living separately. He has 1 child from a previous marriage and I have … read more

Patrick H.

Lawyer

5,422 satisfied customers

Im not sure which category this falls into, but my question

I'm not sure which category this falls into, but my question is: My son, husband and I own a property in Queensland but currently my husband and I are residing in Perth WA due to a work transfer, son … read more

Sean

Experienced lawyer

Bachelor of Law with First Class Honours

855 satisfied customers

My now current de-facto was involved in a former QCAT Tenancy

My now current de-facto was involved in a former QCAT Tenancy Dispute between her ex-de facto and their Landlord. The legal fees for my de facto and her ex-de facto was $7,900 for professional costs. … read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

Hi, I commenced living with my partner in her home in March

Hi, I commenced living with my partner in her home in March 2010 and in June 2010 we were engaged to be married. My partner then bought an investment property in her name in August 2010 and I did some… read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

Australian property stamp duty. My wife and I jointly own

Australian property stamp duty. My wife and I jointly own our family home. I wish to transfer the bulk of my share to her so that she will own 95% of the property. Will this transfer attract stamp dut… read more

Daniel

Solicitor

Bachelor's Degree / Graduate Diploma

7,683 satisfied customers

HI, I have been living with a girl for a bit over 20 months

HI, I have been living with a girl for a bit over 20 months and have ended the relationship with her. Throughout that time we never bought property, we don't have children and at no stage have we had … read more

Patrick H.

Lawyer

5,422 satisfied customers

I live with a different sex partner in Australia. I am an USA

I live with a different sex partner in Australia. I am an USA citizen and NOT an Aussie. What laws affect me in the USA. We live in Australia where I work and go to school. Working on a work visa or s… read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

My daughter has ended a long standing relationship with her

My daughter has ended a long standing relationship with her partner. During their time together they purchased a house jointly. The house needed extensive renovations. My wife and I are guarantors for… read more

Peter G.

Solicitor

Bachelor's Degree

767 satisfied customers

Hi, I have a scenario a husband and wife have separated

Hi, I have a scenario: a husband and wife have separated over 8 years ago. The husband remains in the family home which is (still) legally owned by him and his ex-wife jointly. Then when he dies, he l… read more

D. Coleman

Solicitor

Bachelor's Degree

795 satisfied customers

My wife is co owner of a property with her former de facto

My wife is co owner of a property with her former de facto partner. he threw her out of their home 3 and a half years ago and she since has not been able to return there as he threatened her. they wer… read more

Deborah Awyzio

Principal Accredited Family Law Speciali

Bachelor's Degree

863 satisfied customers

In a defacto relationship of 8 months. He is still married

In a defacto relationship of 8 months. He is still married and will divorce this year once his youngest son turns 18 and still lives with his mother. My question is I personally own a few properties a… read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

I am looking for an Australian-based family solicitor who understands

I am looking for an Australian-based family solicitor who understands Spanish family law, who can represent a Spanish colleague of mine (permanent resident of Australia) who has separated from her Aus… read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer ar Show Less

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.

JustAnswer in the News:

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

John Melis

Lawyer

35,824 satisfied customers

Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

Leon

Solicitor

52,712 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Solicitor

7,683 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Patrick H.

Lawyer

5,422 satisfied customers

Dip Law LPAB - Sydney based lawyer

James D. Ford

Solicitor

1,600 satisfied customers

Lawyer | Founder & CEO at Blue Ocean Law Group

< Previous | Next >

Show MoreShow Less