How to get someone off your Escritura of your house??

Information and questions about the Law in Spain and Andalucia.
john the baptist
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How to get someone off your Escritura of your house??

Postby john the baptist » Wed Jul 21, 2021 12:48 am

Hi I am not sure if anyone has had this experienced but I bought a house 20 years ago and as a married man put it in joint names with my wife.

She however left me (deserted more like) and as she was fed up of living in spain and the covid restrictions etc.

I know basically the general area where she is in the UK, but she does not contact me and has left me to live in the house on my own (which I paid for) for nearly over 2 years.

As i have not got any contact details and she is no longer a resident in Spain i can not apply for a Spanish divorce as i literally will not be getting a signature off her.

She comes from old money and immediately had a new house to move into, however the house in Spain is all i have and I have no intention of ever going back to the UK.

Does anyone know if i could claim for desertion of the marriage or any legal way to get her off the paperwork of the house. As we are in several different jurisdictions and the UK has nothing in place and i cant divorce in Spain then Im not sure what to do. I am legally separated and did my Declaration DE Renta alone.

Personally i dont think she is bothered with the house as she now hates Spain, Hates me, and has found herself someone new and moved on.

I just want security that i will not be forced to sell my house and become homeless just because she has become very spiteful.

Has anyone has anything similar?? is there a time frame that after a number of years her name can be taken off especially as she is no longer residing in Spain not an EU member country.

many thanks for any advice.

kind regards

John B

jhonie99
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Re: How to get someone off your Escritura of your house??

Postby jhonie99 » Wed Jul 21, 2021 8:48 am

My view would be that it can be resolved by making declaracion jurada before a notary with regard your status and more.
Everything in Spain can be resolved with a declaration!! Obviously, there can be consequences.

Lawyer can really be the only starting point, as the resolution of the marriage and then the house stuff needs to be dealt with.

Spain is also very good with "administrative silence". In other words, you tried to contact her, but she hasn't responded....administrative silence.....declaration....

And you don't need to know where she lives, her address or anything like that or whether she's dead. Actually, the less you know the better.

How many people get caught out, simply by something being published in a boletin!! without any further notification.

Pamela1
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Location: Co Durham/ Granada Province

Re: How to get someone off your Escritura of your house??

Postby Pamela1 » Wed Jul 21, 2021 9:10 am

Perhaps the best thing is to seek advice from a lawyer and find out where you stand with your situation.Now your wife is no longer living in Spain and is no longer a resident then does that not mean she would have to submit a non resident tax form and pay taxes on her share of the property? I thought the Spanish authorities had a way of tracking people down for unpaid taxes although it seems that other people have cleared off and left their debts behind them.Just a thought but could the unpaid tax go against your property? Maybe it's something you might have to look into and be aware about, i'm only guessing but being a non resident myself it was one of the first things i thought about.

katy
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Re: How to get someone off your Escritura of your house??

Postby katy » Wed Jul 21, 2021 1:17 pm

Consult a Lawyer. You cannot just take someone’s name off without going through the courts. If she agreed she would be liable for taxes.
BIL was in a gay relationship not formalised. He bought a house in Spain and put it in both their names. They split up and when house was sold he had to give him half. They were only together about 2 years.

john the baptist
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Re: How to get someone off your Escritura of your house??

Postby john the baptist » Thu Jul 22, 2021 8:27 am

Hi Everyone,

thanks for the advice, there is no taxes or monies owed on the property or by her. She is "back home" (ie) in a non EU country and Spanish courts have absolutely no jurisdiction or reach over her. A divorce seems to be very difficult as well because i literally have not heard from her in months and she wanted out of the marriage immediately as im sure she has another person in her life from her home town.

But she can not get a divorce in Spain as a non residence and I UK courts dont have much influence in Spain these days so I literally dont know what is going on.

She does not need the money and has a huge detached house in here home town, however I will be made homeless plus half of what Ill get in this current climate i wont be able to get a wooden shed in the south east of England.

I will try to find a specialist lawyer in this tricky situation.

Many thanks

John B

maureenscot
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Re: How to get someone off your Escritura of your house??

Postby maureenscot » Thu Jul 22, 2021 4:20 pm

Yes. you need a lawyer who is experienced in this field. Title deeds are absolute. I fear that she must agree to handing her half over to you voluntarily. Desolving the joint ownership and getting the deeds in your name. my friend did this with an ex. He did the decent thing as he had moved on. Now in her name. various forms and fees. Then sent to the registrar to be officially registered. i have never heard of anybody being allowed to take somebody off the deeds without them signing it over. Sorry

john the baptist
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Re: How to get someone off your Escritura of your house??

Postby john the baptist » Fri Jul 23, 2021 10:36 am

Thanks Maureenscot, but i have no contact or communication so so signature will ever happen. I thought as she deserted me, is no longer a resident in Spain, does not live in the EU country and does not do the declaracion de renta nor pay taxes or social security there may be some sort of legislation that covers this eventuality as im sure there are hundred of husbands that go abroad to work never to come back and start a new life where they are.

If she can not represent herself legally with regards to the propriety, i should not really be forging her signature when forms are required to be signed by the both of us.

Gracias

John B


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