Hi,
This is a hypothetical query... A UK citizen (A) has been living in Spain for x number of years. She has been married to a Spanish national(B) and has 1 young child. They are now divorced. They still have a joint property in Spain.

1) How can (A) prevent the sale of the joint property if (B) attempts to sell it? Can B sell it without As permission,perhaps fraudulently ?

2)If A returns to the UK,what is the situation with regard to benefits etc as A is disabled,unable to work and has custody of the child? Effectively,on moving back to the UK,she has no income and is technically homeless.

Thanks for any advice...either via forum or pm.

Well you will have health cover from your arrival, and subject to your status here you may well have been able to claim health care if you were claiming disability

As regards the house, you need to speak to a solicitor ... but I do remember sometime in the distant past someone saying that they were in a similar situation and that their other half was selling the house. Maybe someone will remember it

I would highly recommend taking professional advice rather than gaining knowledge on the web if the future of your children is valuable to you

Good place to ask initially, but get professional advice sooner, rather than later!

1. Needs two of you to sign at Notary and cannot be done without both signatures.

2. Do not return to England with child without obtaining independent legal advice. If the child is habitually resident in Spain you can and would be ordered by the Court to return the child to Spain.

This is something not to be taken lightly - we have had at least three cases in the office where a parent had taken the child back to England and had been ordered by the English Courts to return the child to Spain. The Dad (usually) bringing the Court case in these cases have obtained legal aid for the case!!!