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Risk losing flat

Risk losing flat

Old May 5th 2018, 5:51 pm
  #1  
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Default 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 .
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Old May 5th 2018, 6:03 pm
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Default 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.


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Old May 5th 2018, 6:12 pm
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Default 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.

Last edited by robt23; May 5th 2018 at 6:17 pm.
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Old May 5th 2018, 9:48 pm
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Default Re: Risk losing flat

It is sounding very complex. Get a Spanish lawyer to advise you.
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Old May 6th 2018, 7:57 am
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Default Re: Risk losing flat

Get a lawyer
Do not rely on advice through a forum like this
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Old May 6th 2018, 9:05 am
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Default Re: Risk losing flat

Originally Posted by scot47 View Post
Get a lawyer
Do not rely on advice through a forum like this
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.
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Old May 6th 2018, 9:20 am
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Default 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.
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Old May 6th 2018, 2:53 pm
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Default Re: Risk losing flat

Sounds like the family "friend" is trying to cheat you.
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