Spanish Mortgage / Property Problem
 

I'm writing on behalf of a friend. She and her boyfriend purchased a house worth around £200K in Spain. It is in joint names. She paid £70K down, he paid £30K, and they took a joint mortgage for the balance.

Boyfriend then left. He has been paid his £30K, and my friend has paid every mortgage instalment. He has written a letter relinquishing any claim to the property. But the house and mortgage is still in joint names.

She has been told that the only way they can be transferred into her sole name is by him visiting Spain to sign a deed of transfer before a Notary. He refuses to go.

Any suggestions / solutions?

Re: Spanish Mortgage / Property Problem
 

Hi,

Would a power of attorney not suffice it seems to for everything else to do with property transactions in Spain. You get him to sign a power of attorney in front of an English notary and have it ratified at the Foreign Office then take it to the notaries office in Spain. It has to be in Spanish and would have to be tightly drawn to cover just this particular transaction

Regards,

John.

Re: Spanish Mortgage / Property Problem
 

A power of attorney would certainly suffice if he can be persuaded to give one.

I must, however, be drawn up by a bilingual notary public in Spanish and English and be endorsed with the Apostille of the Hague Convention.

DePinna in London are experienced in this sort of work and they will draw up the power of attorney and send it to a notary in the area in which the granter lives for him to sign. He would not have to go to London.

The attorney would then use the power to transfer the boyfriend's share of the property to your friend (she could be the attorney and sell it to herself) but bear in mind that all expenses associated with a normal sale would have to be met, ie transfer tax of 7%, Plus valia, and notary and registration fees.

There is another possibility which is the process of 'terceria de dominio' but this involves a lengthy legal process and would probably work out mush more expensive although with sufficient proof the property could be adjudicated to your friend without any further action or co-operation on the part of the boyfriend.