Question:
Dear lawyer,
I inherited a property from my father in Spain. Now, I own half of a house in Javea (Costa Blanca) in condominium with his second wife. Unfortunately my relationship with the wife of my late father and co-owner is very bad: she does not let me get access to the property, she refuses to sell it, etc.
She tells me that I cannot legally do anything until she passes away and I cannot force her to sell it. Can I do something? Is there a solution? Thank you for your answer.
Dear Reader,
Thank you very much for your inquiry.
As we always say we cannot give legal advice to you without studying your case in depth.
In general, we can say that when there is a condominium or co-ownership of a property, any of the owners are able to apply and request for the division of the property held in common or in a condominium. In your case that will apply, unless your late father’s wife has a right that allows her to keep exclusively the use of the property or that allows her to avoid the division or termination of the condo.
This is reflected in Article 400 of the Spanish Civil Code, which states: No co-owner could be obliged to remain in the community. Each of them could ask at any time to divide the property in common.
In your case, if the property that you have in community is not divisible, which is often the case, since the town planning regulations usually do not allow the division of real estate, except in some cases, then, any of the co-owners who are in condominium may request the sale of the property and the distribution of the price obtained, as set on in Article 404 of the Spanish Civil Code, which says: When the property is essentially indivisible, and the co-owners are not able to agree that it be kept by one of them compensating the others, it will be sold and proceeds shared.
As we always indicate in these cases, the best course of action is for all the parties is to try to come to an agreement, as far as the possession of the property and also as regards the sale of it, directly or through real estate agents.
If it is not possible, you may need to request the division of the common property and the condominium, through the legal action called actio communi dividundo, asking the court to order the termination of the joint ownership, and being that the property may not be divisible, it will be sold in a public auction through the court.
In this type of matter, it is essential to prove the refusal of the other party to reach an agreement and terminate the co-ownership, to justify that it is her attitude which forces you to initiate the court proceedings and then you can try to claim in court the costs and expenses of the legal proceedings.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
If you are in this situation, if you have problems with the co-owner of a property or if you are in a condominium, contact us and we will help you.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
E-mail: info@white-baos.com
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