Lloyd90 Posted October 4, 2016 Report Share Posted October 4, 2016 A friend of the family owns a home abroad (Tenerife I believe). When she bought the home with some inheritance her partner guilted her into putting it jointly in his name, saying she didn't trust him etc. She had recently found out he is unfaithful etc and thrown him out. She owns their home over here in her own name. What rights does she have regarding the home abroad ? Will it come under Spanish law or U.K. Law ? I know she will need to take specialist expert advise but just looking if anyone has any knowledge etc Quote Link to comment Share on other sites More sharing options...
TaxiDriver Posted October 4, 2016 Report Share Posted October 4, 2016 Even if she owns the home over here in her sole name, IF, they've been together any amount of time and he's been living there full time she could still find herself on a sticky wicket with him being classed as her common law partner and being judged to have significantly contributed. Or, hang on, maybe that only works if it's the woman taking the bloke to the cleaners"......... Spanish property, Hmmmm in Spain, Unlikely to come under British law I wouldn't have thought ?? (Gut reaction only) Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 4, 2016 Author Report Share Posted October 4, 2016 Lived together less than a year, he hasn't really contributed anything at all. I'm also thinking will come under Spanish law though. Quote Link to comment Share on other sites More sharing options...
GingerCat Posted October 4, 2016 Report Share Posted October 4, 2016 Less than a year and not contributes she has little to worry about re uk property. No idea about the Spanish one. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted October 4, 2016 Report Share Posted October 4, 2016 (edited) Oh dear what a conundrum...as you say proper legal advice is a absolute necessity. Sounds like she needs a bilingual solicitor specialising in civil relationships and international property. I can only advise in the case of a close friend also female who had a similar situation two years ago. Although the property in France was in joint names and the property in England in her civil partners name it went to civil proceedings not dissimilar to divorce and the man in the wig. ( well Lady actually ) ruled they split the property and assets 50 % on the basis that she had contributed to their British home in a tangible manner. So effectively she was entitled to a share even though her name wasn't on the deeds. It might be so in reverse for your friend and she may have to come to some agreement with her partner in respect of her own property. Its extremely intricate and normally comes down to who can afford the best Lawyers. The best advice I can give again speaking from experience of my own matrimonial issues many years ago, and my working life in mediation, is try and reach a compromise in the early stages of any Litigation. The longer it goes on the more it will cost both parties and eventually one might come out of it with nothing as I did other than a massive solicitors bill which put me back 20 years ! Of course would have been a doddle if we were still part of the EU ! Edited October 4, 2016 by Adge Cutler Quote Link to comment Share on other sites More sharing options...
srspower Posted October 4, 2016 Report Share Posted October 4, 2016 Even if she owns the home over here in her sole name, IF, they've been together any amount of time and he's been living there full time she could still find herself on a sticky wicket with him being classed as her common law partner and being judged to have significantly contributed. Or, hang on, maybe that only works if it's the woman taking the bloke to the cleaners"......... Spanish property, Hmmmm in Spain, Unlikely to come under British law I wouldn't have thought ?? (Gut reaction only) Theres no such thing as a common law husband or wife and there never has been. Source? My mother who is a retired solicitor. Quote Link to comment Share on other sites More sharing options...
Adge Cutler Posted October 4, 2016 Report Share Posted October 4, 2016 Theres no such thing as a common law husband or wife and there never has been. Source? My mother who is a retired solicitor. Quite right...ask the same question again though if there's a big Fat fee on the end of it !! Quote Link to comment Share on other sites More sharing options...
Deker Posted October 4, 2016 Report Share Posted October 4, 2016 Of course would have been a doddle if we were still part of the EU ! We are, fully fledged paid up member until at least April next year Quote Link to comment Share on other sites More sharing options...
ditchman Posted October 4, 2016 Report Share Posted October 4, 2016 (edited) best advice is dont involve any legal bods...........come to an agreement.........i believe if you live with someone...rights kick in after 6mths...if the partner has contributed in some way......... i dont no for sure if that is right......thats what solicitors are for ... ...the cheque is in the post............. it will be cheaper to pay out some money to the party in the wrong even if that person is not entititaled to it than to contest the situation..... Edited October 4, 2016 by ditchman Quote Link to comment Share on other sites More sharing options...
MrM Posted October 4, 2016 Report Share Posted October 4, 2016 Is he actually asking for anything yet ? Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 4, 2016 Author Report Share Posted October 4, 2016 I don't think so, although his contribution is nil. She had funded every penny of everything. She isn't short at all and I advised her to tie it up in court because he simply does not have the funds that she does to contest it. A bit cheeky perhaps but if he had been faithful perhaps he wouldn't be in the situation. He was a well kept man. Quote Link to comment Share on other sites More sharing options...
flynny Posted October 4, 2016 Report Share Posted October 4, 2016 How long have they been together bud? Flynny Quote Link to comment Share on other sites More sharing options...
mel b3 Posted October 4, 2016 Report Share Posted October 4, 2016 Theres no such thing as a common law husband or wife and there never has been. Source? My mother who is a retired solicitor. there speaks a fine upstanding young man with a good honest belief in the legal system. Quite right...ask the same question again though if there's a big Fat fee on the end of it !! their speaks a fine upstanding older gentleman who has witnessed the bitter reality. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted October 4, 2016 Report Share Posted October 4, 2016 To the best of my knowledge, it will come under Spanish law, which is somewhat different to UK laws and has many quirks. To be honest, you must hire a solicitor who is familiar with Spanish law and who will work in conjunction with a Spanish lawyer. Spanish law will treat both parties as joint owners but there are ways to mitigate your joint owners pay out, hence you need legal advice. Quote Link to comment Share on other sites More sharing options...
Jaymo Posted October 4, 2016 Report Share Posted October 4, 2016 Spanish law, residency does not override a Countries laws- something my wife still cannot get into her head after living in France for several years...... Quote Link to comment Share on other sites More sharing options...
dougall Posted October 4, 2016 Report Share Posted October 4, 2016 To the best of my knowledge, it will come under Spanish law, which is somewhat different to UK laws and has many quirks. To be honest, you must hire a solicitor who is familiar with Spanish law and who will work in conjunction with a Spanish lawyer. Spanish law will treat both parties as joint owners but there are ways to mitigate your joint owners pay out, hence you need legal advice. +1 also if a specialist lawyer was used a number of Spanish/Portugal homes bought using off shore companies and shares allocated to hold property. she should revert to the solicitor she used when acquiring in 1st instant. Quote Link to comment Share on other sites More sharing options...
team tractor Posted October 4, 2016 Report Share Posted October 4, 2016 Theres no such thing as a common law husband or wife and there never has been. Source? My mother who is a retired solicitor. Finally someone with the right answer Quote Link to comment Share on other sites More sharing options...
team tractor Posted October 4, 2016 Report Share Posted October 4, 2016 No such thing as common law I guarantee it . I've been through it only 6 years back and although she paid the gas and electric occasionally the solicitor told her she would pay that wherever she lived. My mortgage ....... My house Even with two kids the court only say as long as I pay maintainance that'll do. She walked out on me and I'm glad she did now. Quote Link to comment Share on other sites More sharing options...
stephensedgwick Posted October 4, 2016 Report Share Posted October 4, 2016 A friend of the family owns a home abroad (Tenerife I believe). When she bought the home with some inheritance her partner guilted her into putting it jointly in his name, saying she didn't trust him etc. She had recently found out he is unfaithful etc and thrown him out. She owns their home over here in her own name. What rights does she have regarding the home abroad ? Will it come under Spanish law or U.K. Law ? I know she will need to take specialist expert advise but just looking if anyone has any knowledge etc I would say if it is half in his name its half his Quote Link to comment Share on other sites More sharing options...
oowee Posted October 4, 2016 Report Share Posted October 4, 2016 Interesting. Before we married my wife owned a house in Europe in her name. When we married I became joint owner and had to sign to sell it. Laws in Europe can be very different from here in UK. Quote Link to comment Share on other sites More sharing options...
Chris Bb Posted October 4, 2016 Report Share Posted October 4, 2016 (edited) Of course would have been a doddle if we were still part of the EU ! I think that Tenerife, while Spanish, is not part of the EU, a bit like the Channel Isles. And, for many reasons, there's no way I would buy property abroad unless I intended to live there. Edited to say: See the two posts above, added whilst I was being slow. Edited October 4, 2016 by Chris Bb Quote Link to comment Share on other sites More sharing options...
CharlieT Posted October 4, 2016 Report Share Posted October 4, 2016 Finally someone with the right answer Not quite, common law husbands and wives have recently been recognised in spanish law. Quote Link to comment Share on other sites More sharing options...
CharlieT Posted October 4, 2016 Report Share Posted October 4, 2016 I think that Tenerife, while Spanish, is not part of the EU, a bit like the Channel Isles. And, for many reasons, there's no way I would buy property abroad unless I intended to live there. Edited to say: See the two posts above, added whilst I was being slow. Tenerife is part of the Canary Islands, which is part of Spain, and are part of the EU. Hence the main road from the airport to the south was financed by a EU grant. Quote Link to comment Share on other sites More sharing options...
digger Posted October 4, 2016 Report Share Posted October 4, 2016 well no one else is going to do it - is she fit ? I'll happily be a kept man even if she is tall Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 4, 2016 Author Report Share Posted October 4, 2016 well no one else is going to do it - is she fit ? I'll happily be a kept man even if she is tall You could spend the rest of your life in leisure shooting all day! What an idiot this fella is lol Quote Link to comment Share on other sites More sharing options...
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