Terminate Property Co-ownership - Force Property Sale in Spain

This service is primarily for individuals who find themselves in a joint ownership or “pro indiviso” situation, where multiple parties own a property without clear divisions or agreements on property management. 

This often occurs among heirs or a separating couple who cannot reach consensus on property management, sale, or use. 

The conflicts arising from such situations can make management and enjoyment of the property challenging, necessitating legal intervention to extinguish the co-ownership, thereby resolving disputes and providing legal clarity and certainty to the co-owners.

To avail of this service, clients must be involved in a joint ownership situation as defined by the Spanish Civil Code, articles 400 to 406. 

• The procedure to extinguish joint ownership of property in Spain involves several legal steps. 
• Initially, a lawsuit must be filed by a co-owner or a third party with the competent court, detailing the property, co-owners, and the nature of the conflict. 
• Subsequently, other co-owners are notified and given the opportunity to present their arguments. 
• The court evaluates the evidence and arguments, considering factors like each co-owner’s financial contribution and previous use of the property. 
• A judicial decision is then made, possibly ordering the sale or physical partition of the property, followed by the execution of the judgment, ensuring fair and equitable treatment of all co-owners.

• Engaging this service from experienced English-speaking lawyers at Advocate Abroad ensures that you will receive expert guidance and representation throughout the complex legal process, enhancing the chances of a favourable outcome. 
• Our clients gain legal clarity and certainty, allowing them to fully enjoy their rights over the property and resolving any existing disputes among the co-owners. 
• This professional legal assistance is crucial in navigating the intricacies of Spanish law and achieving a resolution that adheres to principles of justice and equity.

1. This service consists of a step-by-step legal strategy to resolve joint ownership disputes. 
2. Initial discussion with an English-speaking lawyer specialising in property litigation to determine the co-owner's specific situation and advise on the options available
3. Attempt negotiation with the other co-owner to try to reach an agreement to sell the property, it being in everyone’s financial interest
4. Upon failure to reach agreement, filing of a detailed lawsuit, followed by official notifications to other co-owners and an opportunity for them to respond. 
5. The service includes a thorough evaluation of evidence and arguments presented by all parties, leading to a judicial decision based on law and equity principles. 
6. The execution of the judgment, whether it involves selling the property and distributing funds or implementing a partition, is also part of this comprehensive service, ensuring all co-owners’ rights and expectations are fairly and equitably addressed.
7. A public auction is to be avoided since it is a poor option for selling Spanish property, since a very low bid  – potentially from the other co-owner -  can potentially be sufficient to get the property, which is why we recommend that your lawyer attends the auction on your behalf to monitor the auction.