Can she kick him out and keep the house?
This is a discussion on Can she kick him out and keep the house? within the Miscellaneous Topics forum, part of the OTHER LEGAL ISSUES category; I am looking for advice on behalf of a friend here in Spain (Malaga). I shall try to give you ...
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|Feb 23rd, 2011, 05:38 AM||#1|
Can she kick him out and keep the house?
I am looking for advice on behalf of a friend here in Spain (Malaga). I shall try to give you a brief account of his situation:
He and his partner (not married) bought a house together 10 years ago and the deeds/paperwork was all in his name. Years later they split up as a couple but continued living in the same house as neither has any other property or money. They are in the process of trying to sell the house and his partner wants to move back to the UK. She wants to be able to deal with the sale herself and asked him if he could put the house in her name as it would be easier from an administration point of view. So late last year he changed the house to be in her name (in good faith) on the understanding that she would deal with the sale. She has now told him he must leave the house... he has a very small income and no other property...is she within her right to force him to leave his home? He also fears she may withhold any payment to him from the sale of the house. Is there anything he can do to: a) stay living in his current home b) ensure he receives payment when the house is sold. He would never have signed the house over to her if he thought he would be treat in this way, his actions were in good faith but now he is left without a home - in all the years that the property was in his name and even though they were no longer a couple he never asked her to leave... Any advice would be extremely appreciated.
|Feb 23rd, 2011, 07:05 AM||#2|
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Join Date: Sep 2010
Re: Can she kick him out and keep the house?
Spanish law recognizes living together couples. With regard to property rights in such cases (when there is no agreement exists) is that if the property was acquired during the relationship, it will be taken to be jointly owned. Each is said to own an undivided half of such commonly owned property and each is entitled to his/her share of the property, unless it is otherwise specifically stated on the Purchase Deed. In your friend’s case the entire sale procedure was in his name that means he was the owner of the property. But now as he has transferred the property in to her name, he lost the right as ‘owner of the house’. By transferring the ownership he did a great wrong. Now she is the owner and she has all the right to possess and enjoy the same. She can even sell the house without his consent. It seems that he has to initiate a legal battle to get back his home. He has to prove that he had done in good faith but she cheated him by trying to evict him from the home or else he has to revoke the transfer procedure on the ground that he changed the house to her name under duress, coercion or undue influence. It is better advised that your friend has to consult with a Property Attorney ASAP and initiate legal steps according to his advice. All the best.
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