Terminate Property Co-ownership - Force Property Sale in Spain

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For almost a year I had the privilege of working with Angela on buying out my ex partner of the property we shared. From the outset, I was impressed by her responsiveness and dedication to my case. She demonstrated a deep understanding of the legal intricacies involved and communicated complex matters with clarity and patience, because this was a very challenging case. Throughout the legal process, Angela maintained a high level of professionalism, keeping me informed at every step and ensuring that I felt supported and well-advised. Her expertise in property law was evident, leading to a successful outcome for my case. What truly set Angela apart was her personalized approach and genuine commitment to my best interests. I felt confident in her abilities and grateful for her guidance throughout the entire process. I highly recommend Angela to anyone in need of legal assistance. Her expertise, professionalism, and personalized approach make her a standout in her field. Warmest regards Ravi Jeetoo
29 Apr 2024
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Service Details

Terminate Property Co-ownership - Force Property Sale

This service is available across Spain

Who Is This Service For?

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.

Who Is This Service For?


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.

What Does This Service Consist Of?

  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.
What Does This Service Consist Of?

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
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