Risk losing flat
May 5th 2018, 5:51 pm
#1
Forum Regular
Thread Starter
Joined: Jan 2011
Posts: 124
Risk losing flat
Hello,
I need advice on a flat my mum and i have lived in for the past 26 years.
It has 3 owners or 3 equal shares.We have a share my uncle and aunt the other 2.
My uncle is willing to do a swap with a piece of land that belongs to my
mother. This is ok but this piece of land is not in any will , which means that
that piece of land also has 3 equal parts (owners )....i think.
My aunt has always said she does not want any money for her part i.e. not willing to part with her share.
Today we received a visit from a distant family friend, who happens to be a
lawyer of some kind , but not an expert.
She said that if just one owner wants to sell their part , there is nothing one can do to prevent this from happening.
Even though we live in the flat. She said directly that we would have to
find somewhere else to live should or when the sale goes through.
My mother is 86 , very frail and slight dementia and would probably give her a heart attack.
Just wanted to write this and see if anyone else has gone through similar here in Spain and is it true that if only one person wants to sell , then the property is sold no matter what and who ever lives there is out.
Thanks for any advice .
I need advice on a flat my mum and i have lived in for the past 26 years.
It has 3 owners or 3 equal shares.We have a share my uncle and aunt the other 2.
My uncle is willing to do a swap with a piece of land that belongs to my
mother. This is ok but this piece of land is not in any will , which means that
that piece of land also has 3 equal parts (owners )....i think.
My aunt has always said she does not want any money for her part i.e. not willing to part with her share.
Today we received a visit from a distant family friend, who happens to be a
lawyer of some kind , but not an expert.
She said that if just one owner wants to sell their part , there is nothing one can do to prevent this from happening.
Even though we live in the flat. She said directly that we would have to
find somewhere else to live should or when the sale goes through.
My mother is 86 , very frail and slight dementia and would probably give her a heart attack.
Just wanted to write this and see if anyone else has gone through similar here in Spain and is it true that if only one person wants to sell , then the property is sold no matter what and who ever lives there is out.
Thanks for any advice .
May 5th 2018, 6:03 pm
#2
Joined: Jun 2006
Location: Granada Costa
Posts: 10,898
Re: Risk losing flat
I’m not a lawyer but I am pretty sure that is incorrect. There are thousands of properties and plots of land in Spain that have multiple ownership due the the Spanish inheritance law. Many of these places never get sold as all the owners must agree and for many reasons, they don’t.
Where did this plot of land come from?
Ignore any advice from a British lawyer as you cannot be sure that he knows anything about Spanish law which is VERY different from UK law, especially in situations like this. You need to talk to a Spanish lawyer about it.
Where did this plot of land come from?
Ignore any advice from a British lawyer as you cannot be sure that he knows anything about Spanish law which is VERY different from UK law, especially in situations like this. You need to talk to a Spanish lawyer about it.
May 5th 2018, 6:12 pm
#3
Forum Regular
Thread Starter
Joined: Jan 2011
Posts: 124
Re: Risk losing flat
Hello Fred,
That spot of land was i think given to my uncle when the partitions were made from grandfather .
This distant family member is a (procurador) and is Spanish.
My mother is one of the living owners but what happens when i am here alone, what then ?
The property was built by my grandfather around 80 years back and is a flat which is in a Carmen.
That spot of land was i think given to my uncle when the partitions were made from grandfather .
This distant family member is a (procurador) and is Spanish.
My mother is one of the living owners but what happens when i am here alone, what then ?
The property was built by my grandfather around 80 years back and is a flat which is in a Carmen.
Last edited by robt23; May 5th 2018 at 6:17 pm.
May 5th 2018, 9:48 pm
#4
Joined: Jun 2006
Location: Granada Costa
Posts: 10,898
Re: Risk losing flat
It is sounding very complex. Get a Spanish lawyer to advise you.
May 6th 2018, 7:57 am
#5
Lost in BE Cyberspace
Joined: Nov 2012
Location: bute
Posts: 9,740
Re: Risk losing flat
Get a lawyer
Do not rely on advice through a forum like this
Do not rely on advice through a forum like this
May 6th 2018, 9:05 am
#6
Lost in BE Cyberspace
Joined: Apr 2008
Location: Hérault (34)
Posts: 8,888
Re: Risk losing flat
Or consult a Spanish lawman who deals with conveyancing and wills (Notario?), preferably the same Office which dealt with everything from the start, so that they can advise on the basis of the Property Deeds/Wills, etc... already in their possession.
May 6th 2018, 9:20 am
#7
Forum Regular
Thread Starter
Joined: Jan 2011
Posts: 124
Re: Risk losing flat
Thanks to everyone here for the advice given. The general consensus seems to be to get a lawyer , which is what i will be doing.
Thanks again to everyone.
Thanks again to everyone.
May 6th 2018, 2:53 pm
#8
Started off with nothing
Joined: Feb 2009
Posts: 4,944
Re: Risk losing flat
Sounds like the family "friend" is trying to cheat you.
