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Thread: After 5years ex refuses to sell villa free of mortgage in joint names

  1. #1
    Join Date
    Jan 2013
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    Yorkshire, Uk
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    Cool After 5years ex refuses to sell villa free of mortgage in joint names

    5years ago I returned to England as we normally did for summer, ex was to follow, instead notified me wanted divorce. To remarry a lady of Thailand.....! To add insult he emptied all bank accounts leaving me without funds,
    Luckily I saw a solicitor who issued a freezing order which I had to apply for divorce to get... Because my ex refused to present himself all the procedure were done by solicitor which in total cost me 25k...
    But no financial arrangements were agreed except by email... He just kept costing me money so I have no legal agreement
    He now lives in our large villa with separate apartment with his wife, renting the apartment off on the Internet
    Which is almost fully booked for the year..
    I recieve no share of lettings despite our agreement of 5 yrs ago he just ignores my requests for the sale of the villa or to buy me out....he now says my 50%share is only worth 12k .... But his share in the caravan in England is worth 30k to him..... This according to him is worth still the same...I now worry he may have changed to deeds
    somehow... Help!! How can I get this man to settle up so I can get on with my life...I am 62 yrs of age this is my life's savings which I earned over 16 yrs in business...

  2. #2
    Join Date
    Dec 2012
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    Orihuela Costa
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    Hi, What a sad story, I am very sorry to hear of this. It is obviously quite a complicated issue and raises many questions. You say you saw a solciitor and paid them 25,000 (but don´t say whether this was in England or Spain), it is a lot of money either way, and yet you have no legal agreement as a result of this, which is very odd. It is impossible to give you an answer of what to do here as we would need to see the file from the other solicitor, to hear the full story and find out more details of your ex husband and you. He cannot change the deeds legally without your signature. I would suggest you please phone Amanda on the number below and we arrange to meet you and see if we can bring this to a final conclusion for you as it obviously needs doing. All the best.

  3. #3
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    Jan 2013
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    Yorkshire, Uk
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    Thank you for your reply,unfortunately I am unable to travel to Spain at the moment due to health reasons,
    The divorce cost 25k with an English solicitor, who In the end I got very cross with as they made a lot of the problems that
    We agreed on things privately before court, and I took our agreement to the solicitors who informed me it must be put in legal terms, this total freaked out my ex who declared war.. I them discovered the judge would have quite happily excepted our private agreement..... The solicitors mislead me to incurr more costs!!! I sacked them and took out a county cout claim ....they settled out of court and the divorce proceeded with myself only, the absolution I also did on my own ....they were preparing to charge me another £500.00 +vat....I have not the funds to start another court battle....but thank you for your interest...

  4. #4
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    Dec 2012
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    Orihuela Costa
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    Quote Originally Posted by Correy-1 View Post
    Thank you for your reply,unfortunately I am unable to travel to Spain at the moment due to health reasons,
    The divorce cost 25k with an English solicitor, who In the end I got very cross with as they made a lot of the problems that
    We agreed on things privately before court, and I took our agreement to the solicitors who informed me it must be put in legal terms, this total freaked out my ex who declared war.. I them discovered the judge would have quite happily excepted our private agreement..... The solicitors mislead me to incurr more costs!!! I sacked them and took out a county cout claim ....they settled out of court and the divorce proceeded with myself only, the absolution I also did on my own ....they were preparing to charge me another £500.00 +vat....I have not the funds to start another court battle....but thank you for your interest...
    I wish you a speedy recovery. So by the sound of it the divorce progressed in England but did not include Spanish assets, which were just left as they were. When you feel stronger, we could try to sort this out for you. A lot can be done these days by telephone, email, fax and Power of Attorney done in England with a Hague Apostille affixed so it can be legal in Spain so the lawyer can act on your behalf without you being here. It will not be anywhere as expensive as you have previously experienced either. When you are ready contact me and we wil try and help you sort out the assets in Spain. With kind regards.

  5. #5
    Join Date
    Jan 2013
    Location
    Yorkshire, Uk
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    Thank you agin for your interest and best wishes,

    I just wanted to let you know no Financial Order was obtained due lack of cooperation from my ex husband, who because he was in Spain thought it very amusing to play games with the solicitors, hence my 25k solicitors bill.

    The Villa is situated in Benferri, registered in joint names, but I have no deeds, documents, or keys to the property and have not been there since 2008. I do have however, a emailed agreement signed by him giving me sole ownership of the property, but have doubts if this would stand up in a court of law.
    He only did this to stop the English HMRC seizing the villa for payment of CGT which he owes to the UK..

    I also was served with a notice unaware he had deliberately evaded taxes, another problem he caused me!...the outcome ?.. I paid 25k.to HMRC

    After the divorce my ex remarried And left to live in Thailand renting both apartments on the Internet, he has now returned
    And is I believe again living in the upper apartment, renting out only the lower half, which is heavily booked for 2013..
    I do not and never have received any monies from the rentals.

    As you will now realise the solicitors 25k was only the beginning with HMRC another 25k..!!
    If you could give me an idea of cost. ... I do not have funds for another battle.

    With him as much as

  6. #6
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    Quote Originally Posted by Correy-1 View Post
    Thank you agin for your interest and best wishes,

    I just wanted to let you know no Financial Order was obtained due lack of cooperation from my ex husband, who because he was in Spain thought it very amusing to play games with the solicitors, hence my 25k solicitors bill.

    The Villa is situated in Benferri, registered in joint names, but I have no deeds, documents, or keys to the property and have not been there since 2008. I do have however, a emailed agreement signed by him giving me sole ownership of the property, but have doubts if this would stand up in a court of law.
    He only did this to stop the English HMRC seizing the villa for payment of CGT which he owes to the UK..

    I also was served with a notice unaware he had deliberately evaded taxes, another problem he caused me!...the outcome ?.. I paid 25k.to HMRC

    After the divorce my ex remarried And left to live in Thailand renting both apartments on the Internet, he has now returned
    And is I believe again living in the upper apartment, renting out only the lower half, which is heavily booked for 2013..
    I do not and never have received any monies from the rentals.

    As you will now realise the solicitors 25k was only the beginning with HMRC another 25k..!!
    If you could give me an idea of cost. ... I do not have funds for another battle.

    With him as much as
    It is very difficult to comment in detail here, but firstly, if you can find your NIE number (which is a number you may have got when the house was bought), we may be able to track details of the ownership. Another thing is if you have any idea at which Notary you signed and the date. Getting a copy of the deeds is usually through an NIE number, the Notary (but they need exact details of when it was signed for), or the Bank if there was a mortgage. Hopefully you have some documents somewhere to do with the villa. The agreement is of very little use unless it has some specifici details, such as the finca number from the land registry.

    I am a little confused as to why you paid his outstanding tax debt, as it does not sound like a joint one, but that is not to do so much with the villa which I think is your prime concern. When you feel better I think you have to start in small steps, finding any documentation or clues to prove ownership will cost little, just may take time. As a guide our solicitor charges 70€ per meeting, and a divorce seems to be cost an average of 600€ but I am being very general here. First of all, you have to find information to prove the ownership of the asset. Please see what you can do to find your NIE Number (assuming you had one). All the best.

  7. #7
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    By the way, please do not put any details here. NIE number, or full name, don´t put personal details. Please email me on sales@spanishsolutions.net further on this. Thanks Amanda

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