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After a separation, my ex partner wants to evict me from the

property that was our home...
After a separation, my ex partner wants to evict me from the property that was our home for 6 years. We were engaged but never married. Now he has initiated desahucio por precario - I have no job (he is very wealthy and paid me a monthly allowance) and no place to go.

Do I have rights?
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Answered in 2 minutes by:
9/3/2013
José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6,197
Experience: Spanish Attorney
Verified

Attorney3044 :

Hi

Attorney3044 :

Jose M, spanish attorney

Attorney3044 :

I will answer you now, you could write in all moment

Attorney3044 :

Well

Attorney3044 :

Who is the owner of the propiety where do you live?

Customer:

I don't know how this works... do I write my question again? Sorry

Attorney3044 :

No, not necessary

Attorney3044 :

Well, I have reach it

Customer:

I am living in this property with my son (25 years old) the case is against me. My ex partner has a lot of other properties, it is not as if he needs it to live in it as well.

Attorney3044 :

As long as the owner is the propiety of a company of your partner you could stay in the propiety just until the judge forces you to go

Customer:

He wants me out so that he can sell it

Attorney3044 :

You are on the right way, stay there and fight not to be forced to go

Customer:

but I will be forced to go? I have no rights to stay there indefinitely?

Attorney3044 :

If the attorney that the colegio provide you does not take care of you, you could put a claim in the colegio

Customer:

I am scheduled to travel and the hearing is set for when I am away... will it be suspended until I get back?

Attorney3044 :

No, you do not have right to stay, in the best you could stay just one year no more

Attorney3044 :

For how long you are not going to stay ?

Customer:

what if I am not here and they proceed with the hearing anyway.... how much time have I got to find somewhere to go?

Attorney3044 :

If you are not living there you could lose your rights in 2/3 months

Customer:

I will be away 2 weeks! Leaving 10.09. and the hearing is on the 11.09. - I booked this travel in August - I did not know about the hearing until yesterday

Attorney3044 :

In order to fight you must stay

Customer:

I live there with my son (he is 25 years old)

Attorney3044 :

2 weeks is not too much time, no problem with that, even when it could be better not to go

Attorney3044 :

If your son lives there its perfect, even when you go, because the court will know he lives there

Attorney3044 :

So, your attorney has to say in court that in the propiety live you and him

Customer:

I am going for training - it could be a job opportunity if I pass the training - I am afraid to cancel this because I have no other option at the moment

Customer:

ok

Attorney3044 :

No cancel it

Attorney3044 :

Go this two weeks and tell your son that inform you of every single new about the court, thats all

Customer:

if the desahucio then goes through against me, can my son be evicted or will my eviction include my son?

Customer:

Ok, I will go

Attorney3044 :

If your attorney makes a bad job in 2 months you could be out, in the best in one year

Customer:

ok but that includes my son? or can he stay (and I with him) and then my ex partner has to start an eviction case against my son?

Customer:

I really appreciate this, thank you very much! I am a little scared to be honest! I have never had a problem with courts in the past!

Attorney3044 :

The eviction order will be againts you two at the same time

Customer:

ok

Attorney3044 :

Rememeber you has to go out just when the judge tells you

Customer:

i am in marbella

Customer:

ok

Attorney3044 :

No problem to force him to say and even to force him to send you a police to make the job. Once the police comes you go out and that will be all

Customer:

do you think they will suspend the hearing until I get back if I show them when I booked my flights

Attorney3044 :

Sure, with an excuse from your atttorney two weeks its little time

Attorney3044 :

The point its that your attorney take your case seriuosly.

Customer:

I hope I can make him see that he has to :(

Customer:

he already said es 'muy complicado' ...

Attorney3044 :

Yes it is complicated, but its complicated waht may I ask... Its complicated to stay longer that one year, but its not to stay 2 months... So, he will have to say if its complicated depending on your objetive

Attorney3044 :

Tell him that your point its to stay as long as it could be, so it will be easier

Customer:

when I told him about my travels and suspending the hearing - he said its muy complicate

Customer:

complicado

Customer:

I will do so

Customer:

Thank you very much!

Attorney3044 :

Its complicated to do it, but I should know if you have a date or not now

Customer:

I dont understand that last 'if I should have a date or not now'

Attorney3044 :

If we have a date its harder, if not, he could use an excuse like I have another date in court in the same time, but its not easy yto get

Attorney3044 :

I mean if the court has make a date for judcement

Customer:

so the desahucio sentencing is not decided on the day of the hearing?

Attorney3044 :

If you have now a date for the procedure in court you will need a good excuse to demore it

Attorney3044 :

No

Customer:

ok

Attorney3044 :

In the date of the procedure they decide if you have to go, and once you know you have to go, and you do not go, he will be force to ask the judge for a desahucio order with the police help...

Attorney3044 :

So, its time for you in all cases

Attorney3044 :

The point its to make longer each step of the procedure, and this its the aim of you attorney

Attorney3044 :

You know that you will be forced to go, the objetive its to go as late as possible

Customer:

so when they decide I have to go, I can still stay and my ex partner has to take another step to get me out with help of the police... how long can that take? approximately

Customer:

my last question

Attorney3044 :

Yes

Attorney3044 :

In every single step you could defend your self and your attorney have to look each posibility

Attorney3044 :

As I said, the aim its to stay as longer as possible

Customer:

ok!! Thank you so much I really appreciate your patience! Thank you!

José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 6,197
Experience: Spanish Attorney
Verified
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