Spain Property Insight

Hi,

My friend moved to Spain a few years ago. Her husband died unexpectedly of cancer this year, she has also recently lost her job in Spain. Her husband was 50% owner of a house his mother is living in, in England and she would now like to sell her (her late husbands) 50% of the property to her mother-in-law, or sell the house totally and split the proceeds.

Her mother-in-law is keeping quiet on the whole mater and will obviously not entertain buying out my fiends share or entertain selling the house and splitting the proceeds. She would rather sit pretty, in the house. I’m told there is a 10k mortgage on the house remaining.

So now you know the background. The question is:

Is it possible to force a sale?
How can my friend monetise her 50% of the property?

Thanks

Are you certain that your friend inherited her husband’s share of the property? Property can be jointly owned in one of two ways - beneficial joint tenants or beneficial tenants in common (the word tenant here having nothing to do with renting). In a joint tenancy when one owner dies the other owner(s) continue to own the entire property between them. The deceased’s share no longer exists and so cannot be passed on.

But assuming there was a tenancy in common, and the friend now owns 50% with the mother in law:

Any joint ownership automatically creates a trust, so trust law is required for a solution. The mother in law is probably now the sole legal owner (trustee) holding on trust for herself and your friend. Under a trust beneficiaries have a right to live in the property, if it is suitable for such. This is why the mother in law can live there. However. clearly a single property is not always suitable for all the beneficiaries to live in together, so the occupiers are required to compensate other beneficiaries - IE by paying rent for their share. So while the mother in law is living there she could be made to pay a fair rent to your friend for her 50%.

Beneficiaries can also apply to court for an order relating to the property, if there is a dispute. Often the courts order a sale, so each party can take their share and go their own way. However, if the purpose of the trust still exists this is less likely, and the courts do not like putting people onto the street who have no other means of support. In this case it seems that the purpose of the trust was to provide a home for the mother in law (her son never lived there with her it seems). This purpose is ongoing. Similarly, I assume she is elderly and has no other means of buying her own home if left with only 50% of the current one? In which case she would not be evicted just so someone else can realise the cash value of their share.

I suspect also, that if push came to shove and the mother in law has no means of paying rent now, the court would order that the payments could be deferred and deducted from her share when the property is eventually sold when she passes away.

National sales tax
gasoline tax
Cap and Trade tax (electricity, cleaners)
5% Federal income tax increase
4% increase on Capital gains tax increase (401k, investment property, stocks etc)
10% Tanning Salon tax
40% Cadillac Health care tax

Other tax ideas Salt tax, Sugar/Soda tax, Ipod download tax, Gym membership tax,
ETC
ETC
ETC

Do you LIberal progressive socialist communist marxist people who still support Obama really get it?
WHy do you want us to be a Socialist Welfare state like European countries?
greece, Italy, iceland, spain, and Portugal are BROKE!!!
Britain, germany, ireland and france have 50-60% income tax
There is barely any middle class in ANY of those countries
Most people are poor and a select few are ricH? Are that many people ok with being in the poor class (as long as the Big daddy govt gives you healthcare and schooling?)
Please explain to me your mad ideas

The way you rant sounds like you’re some young, white middle class guy perched on his pedestal.

What you fail to see is, what if one day, something happens to you and you can’t afford insurance. Perhaps someone will turn to you and mumble "Tough shit buddy, you’re not my problem"

Don’t even bother mentioning other countries as it seems you’re nothing but a typical ignorant american. Before you make those assessments of other countries perhaps you should begin by actually speaking to people outside your own borders. But then again people like you can’t see past your own backyards.

Stop thinking that the rest of the world’s countries are stupid, poor, dumb and useless..it’s getting old.

Good luck getting that chip off your shoulder mate.

Not sure if anyone else ie female has this issue but I am trying to find different ways to get this resolved and I cant, I am almost giving up!

My partner is 44 this year, I am 35. We live in his house, which he is trying to get in his name after almost 3 years when his ex left and he is paying off debts now to get this done, many arrears in his name and credit cards but with his bonus in April things are working out ok and will be paid off.

Since living with him its been a struggle because he wont get married until all his debts are cleared (his comment) and we are engaged and I would like to settle down as he knows and to have children which he wants as well. I am off the pill as we speak, to see how things go.

We both work full time, he travels with work daily, 2/3 hours in the car, he is in sales, I work from home, on TV, abroad and also own my own property which I rent out monthly. So things for myself are good workwise and for him also. I like to keep everything organised and try not to slip behind with things, I make sure his house is tidy, clean, washing done etc, but sometimes when I work 24/7 as well, I like to think we are sharing the responsibilities as we both work full time and this isnt my house but he always says treat it like its yours, which is fine. He comes in from the gym most night, 4/5 times a week dumps his things in the kitchen and puts those straight in the washing, which frustrates me as there are other things which need to go in as well, so ask him to put those upstairs. He says I only need to ask him once, I have done, never changes, then months later ask again…nothing changes!

So I ask him, (nicely) can you please, now and again help me with the washing, dishes, cleaning…he suddenly goes "I ALWAYS DO, I WILL DO IT THIS WEEKEND, I DO THE HOOVERING, BIN OUT ETC" now yes that is true when asked, but lately I feel bad as its only when I ask him too, and then we fall out, and he gets defensive, starts winding me up, makes me worse, then we dont speak for a day. I feel pathetic, weak and defenseless.

We use to have sex 3/4 times a week now lately I dont feel the passion and admitted this and he said "WELL NOW AFTER THIS ARGUEMENT WE WONT GET IT AT ALL NOW!"

He asks me not to do something I wont do it, then when I say, look you tell me to do something, I do it, he said "I AM ONLY JOKING?" of course this confuses me, so why say it?

He calls me weird, saying you will do this, you will do that, now its making me feel like a nag when I just want help as we dont have one unit we share everything together, and feel like we are 2 people renting not 2 people living together as he admits we dont eat together at night, nor do we have breakfast together in morning and in the evenings its gym for him and 2 nights a week I work til 12am. Most weekends we are together however, but I just wish we would do more, its more watching football, gym and routine at home, seriously I am bored and have mentioned lets do this, lets do that……!!

This morning, he cleans, he takes the bins out, does some washing and feeds the cat (Never does this when he gets up) and then shouts "DONE THE WASHING, FED THE CAT, DONE THE DISHES, HOUSE IS CLEAN" literally…!! so this happens and I feel guilty. (because I asked for help last night)

But I dont ask for praise when I do it, I just do it but he never notices when his bathroom is clean, or the dishes are done or the lounge is tidy? I know we are women and yes some men will say its our job lol but we discussed last night as he puts it "YOU ARE THE NEW WOMAN AND I AM THE TRADITIONAL MAN" so I think if this is the case, it wont ever work?

So now we arent talking, its got yet again to that stage. He always goes to bed at the same time 11pm and I feel I have to go as well at that time, because he gets up at 6.45am so its pressure to have sex, seriously I cant just get into it. Everything is routine. I try and be more exciting when I try he is either too tired or at work or just not into it. When he tries lately its not happening for me either.
So I have now given up….not like me at all but I have.

I sense we are drifting apart but the one thing is to communicate, I am trying but I get someone here who doesnt like to be told, does his own thing lives like a bachelor but is kind to me, then reverts back to his ways. I have said about doing something nice this weekend, he said, well its hard because rugby is on, so decided I will go away myself otherwise resentment sets in. He has booked us away on holiday in April my birthday present, to see his parents in Spain which is nice and a holiday at least!

Any suggestions, different way of talking? I admit to him that I am scared to bring anythnig up because I get this feeling he will over talk me or win the case, its true I cant talk to him, and then I literally end up with this feeling of hate for him, anger and want to walk out or leave him, yes its that bad!!

please help in de

First of all - that was a lot to read. However, I did read everything.

Secondly, your problem is really common. It happens every single day.

Thirdly, how you deal with everything going on right now will really tell you how your future with him will be.

Fourth, give him a time table that you expect changes by. You have your own place. You are independent. You are not married and can leave.

My husband is the same way.

He does NO housework.

His mother raised him that way.

When he married me, he expected me to do everything his mother did for him. So, I either do it or live in a dirty house.

When we have money, we hire a cleaning service once a week.

It sounds to me that you can easily afford cleaners once a week to help you around the house.

If he is not going to give at least 50 percent towards the house cleaning duties / chores (a house you pointed out belonged to his ex and him). However, you did not mention if you paid anything towards the household bills ? I would be concerned about that if I were you.

So my advice - either learn to live with a dirty house, hire a maid, or do everything yourself.

He will not change. Don’t expect him to.

If you are having these kinds of problems now - imagine what it would be like if you continued a relationship with him, without any changes ?

A future relationship (or more of a commitment like an engagement or marriage) will not make these "differences" go away.

So, think about that.

What helped us was marriage counseling (to learn to communicate better), individual counseling, patience, acceptance, and date night once a week. And, of course, weekly cleaners.

We work full time. He has his doctorate, I am working on mine. We don’t have time to do things together (just like you guys).

You really have to schedule time (for everything).

Remember, try to say something positive to him everyday. Give blessings for three things every day that hopped that made you feel better. Try meditation and positive affirmations.

If things continue to keep getting negative, and you keep getting frustrated, angry, depressed, etc., try individual counseling.

It will help you learn coping skills and help you decide what you need to do for your own happiness.

Peace.

PS

Remember, your problem is very common. It is the skills you learn to master and your ability to deal with these issues that will stand the test of time and enable you to move forward on a move positive wave length in your life.

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Semi-House (House) for sale in Torrevieja, Costa Blanca, Valencia, Costa Blanca Spain

Country:
Spain, Comunidad Valenciana

Location:
Costa Blanca South, Torrevieja

Type:
Resale

Style:
Semi-Detached Villa

Size:
105 sq m

Bedrooms:
4

Garden:
No

Terrace:
No

Near By:Airport: 25 - 30 min drive, Coast: 5 - 10 min walk, Golf: 10 - 15 min drive, Services: Less than 5 min walk

Features:Communal Pool, Part Furnished, Parking: Car Port

Furnished:Part

Available:0

Plot Size:350

Description
Viewing Info.
Rental Pack

Property Description

A modern, bright and airy spacious semi-detached villa on the outskirsts of Torrevieja.

The property has a driveway with car port and lawned area to the front and is enclosed by a high fence, ensuring privacy with entrance via an electric gate. Internally the property comprises to the ground floor large lounge dining area with American style fitted kitchen, one bedroom and a bathroom. To the first floor there are three good size bedrooms, the master with its own terrace and a further bathroom. To the top there is a roof top solarium with sea views and the property has an underbuild currently used as an extra sitting room. There is a communal swimming pool but there is room to put a small private pool if desired. At the side of the property is a play room with billiard table (not on deeds, but legal)

This property would make an ideal permanent family home.

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House (House) for sale in Polop, Costa Blanca, Valencia, Costa Blanca Spain

Semi-det Villa Polop

Country:
Spain, Comunidad Valenciana

Location:
Costa Blanca North, Polop

Type:
New

Style:
Semi-det Villa

Size:
70 sq m

Bedrooms:
2

Garden:
No

Terrace:
No

Near By:Airport: 40 - 45 min drive, Coast: 10 - 15 min drive, Golf: 10 - 15 min drive, Services: Less than 5 min drive

Features:Solarium, Communal Pool, Parking: Driveway, Aircon: Pre-Instalation

Model:Semi-detached villa - 2 bed 2 bath

Available:16

Last Update:28/Feb/2008

Plot Size:213

Description
Viewing Info.
Rental Pack

Semi-det Villa Polop

MIRADOR DE POLOP is a private Residential, consisting of semi-detached and detached villas, built on large plots, with a communal swimming pool, children’s play area, tennis and padel courts and ample landscaped green areas.

These beautiful LINKED DETACHED VILLAS are built on one level. The properties comprise of the garden, porch/terrace, dining/lounge area, kitchen, two bedrooms and two bathrooms (master bedroom has ensuite). A staircase leads to the large rooftop solarium (approx. 50-60 square meters ). The kitchen will have fully fitted units plus an oven, ceramic hob, fridge/freezer and extractor hood. There will be pre-installation of air-conditioning plus TV points in the lounge and main bedroom.

The development is located in POLOP DE LA MARINA and has fantastic sea views. Hugging the side of a mountain, the charming village of Polop, with its old Arab Quarter, has at its centre a parish church with a beautiful bell tower. In Polop you have all the necessary facilities you could need and just 10-15 minutes drive are the towns of Altea and Benidorm; both offering all kinds of services and amenities e.g. bars, restaurants, shops, supermarkets, medical centres, banks, schools, etc. as well as interesting areas to visit.

Altea and Benidorm have kilometres of coastline with beaches and coves formed of fine golden sand. Most of these beaches and coves are Blue Flag and are well equipped with all sorts of facilities such as lifeguards, Red Cross point, warning signals, cleaning service, open-air bars, promenades and plenty of restaurants, etc. Their crystal clear waters are also perfect to enjoy nautical sports.

If you are a golfer, the nearest golf club is Don Cayo; just 15 minutes drive away from the development in Altea. It is a 9-hole course, open all year round.

Mirador de Polop is north of the cosmopolitan capital, ALICANTE, a beautiful city full of history and wonderful architecture.

The airport at Alicante is a 40-45 minute drive from Mirador de Polop.

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