Embargo on a property - not from the bank

[Jool]

I have two reasons for asking

A friend is co-owner of a property (unrelated to other owner, just 2 friends) and the other half is now being chased for debt from a failed business in the UK

One member of our urbanisation already has several embargoes on his property but they are pensioners and still there, but we understand there is no value left in the property - does this mean other owners on the urbanisation would have to cover his share of the infra structure costs as there is no realisable asset for the Town Hall?

Does anyone know how an embargo from an entity other than a defaulted mortgage works?
Is it basically the equivalent of a charge on a property as in the UK so that when the property is sold the charge is paid off?
Or can they enforce the sale of the property to clear the embargo?
If the embargo is against one person only and the property is jointly owned does this offer protection against the property being taken?
Or do they pursue the other owner of the property as well?

[Jool]

No one has any info??

[katy]

Jool I would think a private embargo just hangs around until the property is sold. A friend was buying a property near Ronda, paid the 10% deposit and the seller withdrew without returning the deposit. Their Lawyer put an embargo on said property but nothing has happened for years!

[chrissiehope]

Why hasn't their lawyer started legal proceedings against the vendor ? This happened to us and we not only got our deposit back, but also most of our legal costs

[katy]

I suppose there must have been some legal proceedings to get the embargo but I don't know exact details.

[Jool]

So in the event of urbanising costs do the rest of us have to cover those that should be pàid by the member whose house is already heavily embargoed or is it treated just like a private debt, as I cannot see any way this couple will ever be able to pay their share?

[DavidSearl]

FROM DAVID SEARL

FOR JOOL

If a UK court is able to obtain a Spanish court order to seize the assets in Spain of a UK person living in Spain, this Spanish court order will be carried out in Spain. Yes, the Spanish court can order that a property be seized and sold at auction to satisfy a debt.

If the asset in Spain consists of half-ownership of a dwelling, this half can be seized and sold at auction. You could say that, in the meantime, the property is half-owned by the court and half-owned by the friend, who has nothing to do with the debt. Indeed, it would be extremely difficult for the court to find a buyer for half a property.

If your development or zone faces infrastructure charges to provide all services, this property will be ordered to pay its share. If the owners cannot pay, the Town Hall will go to court to have sufficient assets seized to pay the charges.

No, the Town Hall cannot oblige other owners to pay the share of the property which cannot pay.

Good luck with it, David Searl