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    • Shimla999
    • By Shimla999 7th Feb 18, 6:55 PM
    • 15Posts
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    Shimla999
    Tenancy in common - selling my part
    • #1
    • 7th Feb 18, 6:55 PM
    Tenancy in common - selling my part 7th Feb 18 at 6:55 PM
    Hi,

    I own 50% of a flat in London with my ex-partner. We are tenants in common. The house is currently rented out and we do not live in the UK - we live in Spain. We have a young daughter and joint custody after separating in December 2017.

    I now want to sell my share of the property in order to buy a new house. However, I am pretty sure he will not want to sell his share. He does not need the money as he owns the property I am living in (I am now paying him rent). I own a flat in a city 2 hours away from here but cannot live there as our daughter goes to school in this area. I have read that I would probably need a court order to be able to sell my part. Is that true? If so, how expensive would that be and how likely would it be that a judge would grant me the right to sell my part of the flat? I don't think he has enough money to buy me out.

    I'm a bit confused about how this works!

    Many thanks in advance!

    Shimla
Page 2
    • unforeseen
    • By unforeseen 8th Feb 18, 5:55 AM
    • 2,355 Posts
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    unforeseen
    Not quite sure why the ex would go to the trouble of trying to get a BTL mortgage while living abroad.

    He appears to be happy with the current set up and its the OP who wants to change things.
    • Shimla999
    • By Shimla999 8th Feb 18, 7:58 AM
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    Shimla999
    Hi Tom, No, I don't think that is likely. He does not want to help me. So, he would not do that. But thanks for the suggestion anyway.
    • Shimla999
    • By Shimla999 8th Feb 18, 7:59 AM
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    Shimla999
    Not quite sure why the ex would go to the trouble of trying to get a BTL mortgage while living abroad.

    He appears to be happy with the current set up and its the OP who wants to change things.
    Originally posted by unforeseen
    Yes, you are right - he will not want to get a mortgage. He is happy with the status quo and it's me who wants to sell. Thanks!
    • Tom99
    • By Tom99 8th Feb 18, 8:44 AM
    • 1,301 Posts
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    Tom99
    What are your tenancy rights on his flat in Spain? Maybe if he likes the status quo in London you can like the status quo in Spain and will not be moving out without being forced, just to accommodate him.
    • getmore4less
    • By getmore4less 8th Feb 18, 11:18 AM
    • 31,406 Posts
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    getmore4less
    Hi Tiglet, Thanks for your reply. Yes, that is an option. And it would be easier, admittedly. However, I don't want to do that. I want to keep the flat - I love it and want to pass it on to my daughter or live in it again myself when she leaves home. It is a good investment too, because it is in a very good area and popular city. I want to cut off all ties with my ex and therefore stop being a co-owner of the flat in London. But yes, it would be easier to simply sell the flat. Anyway, meanwhile it is going to be easy to rent and that will cover my rent here.
    Originally posted by Shimla999
    You are not going to win this with the its OK for me to want to keep my spare place I can't live in but not for him approach.


    I am renting the house we used to live in together and paying him the rent, but he will only let me stay here until December............despite the fact he owes me over 42,000 euros (which he has 3 years to pay me according to the custody agreement, since he says he doesn't have the cash - he does have the house I'm living in
    Why did you not negotiate the right for the child to live in the "family" home rent free till the finances were sorted?
    • unforeseen
    • By unforeseen 8th Feb 18, 1:07 PM
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    unforeseen
    Spanish tenancy laws are weighted quite heavily in the tenants favour for long term (i.e. non seasonal ) lets


    It is very hard to get rid of a tenant
    • unforeseen
    • By unforeseen 8th Feb 18, 1:35 PM
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    unforeseen
    Unless he wants the house for himself to live in or its for an immediate relative then you have the right to renew the tenancy for a total of 3 years.


    This is a mandatory renewal and there is nothing he can do about it. If he lies to get you out by saying that he wants to move in then under Spanish law you are entitled to compensation or to move back in with the landlord paying moving and other costs.

    As I said the tenant holds all the cards in Spain
    • unforeseen
    • By unforeseen 8th Feb 18, 1:38 PM
    • 2,355 Posts
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    unforeseen
    See https://www.spanishpropertyinsight.com/2016/05/13/urban-rental-law-spain-tenancy-agreements-ley-de-arrendamientos-urbanos-lau/ for more details about your rights and his responsibilities. He may be thinking it's like the UK
    • harrys dad
    • By harrys dad 8th Feb 18, 1:46 PM
    • 1,867 Posts
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    harrys dad
    OP, Can you turn this on it's head, and you get a buy to let mortgage on the house in London and buy him out? The money he owes you could then be deducted from his share. You would then have separate finances, and you could sell the house if you wanted, pay the mortgage and release your equity.

    The fact that it will be difficult for him to get you out of your current residence for which you pay him rent might concentrate his mind on being a little more constructive.
    • Shimla999
    • By Shimla999 8th Feb 18, 1:58 PM
    • 15 Posts
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    Shimla999
    What are your tenancy rights on his flat in Spain? Maybe if he likes the status quo in London you can like the status quo in Spain and will not be moving out without being forced, just to accommodate him.
    Originally posted by Tom99
    Hi Tom, Thanks for your reply. I'm not sure what would happen if I didn't move out of this house at the end of my year's 'contract'. The 'contract' forms part of our custody agreement (conveni regulador), which is in line with the LAU (Spanish property law). So, in theory, he would need to get a court order to get me to move out in December if I did not do so willingly. However, I think he would do that because he now has a girlfriend with four children and wants to live in this house with them all. It is a 4-bedroom house. It's a real mess, to be honest!
    • Shimla999
    • By Shimla999 8th Feb 18, 2:04 PM
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    Shimla999
    Unless he wants the house for himself to live in or its for an immediate relative then you have the right to renew the tenancy for a total of 3 years.


    This is a mandatory renewal and there is nothing he can do about it. If he lies to get you out by saying that he wants to move in then under Spanish law you are entitled to compensation or to move back in with the landlord paying moving and other costs.

    As I said the tenant holds all the cards in Spain
    Originally posted by unforeseen
    Hi Unforeseen, Well, I know that you can renew for up to three years after the first year is up. However, I did not know that I would be entitled to compensation if that happens. I was just talking to estate agents about renting my flat in Barcelona - as far as I know, they have to pay for the first 6 months whether they stay or not. After that, they can leave by giving one month's notice up the end of the initial year's contract. If the owner wants the tenant to move out after one year, I was told that all they need to do is to give the tenant one month's notice before the end of the year's contract, but I was not told about any compensation etc. I'll check with my lawyer and the estate agents and check the LAU too. OK - sorry, maybe I misunderstood - you mean that he'd have to compensate me if he were lying and did not actually move back in. Well, in this case, I think he would move back in with his new girlfriend and her children. He was very angry that I got to stay in this house with our daughter.
    • unforeseen
    • By unforeseen 8th Feb 18, 2:08 PM
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    unforeseen
    Have a read of the link i posted

    I see now that he wants to move in. In which case he can get you out.

    The compensation or moving back in only applies if he gets you out and then fails to move in.
    Last edited by unforeseen; 08-02-2018 at 2:12 PM.
    • Shimla999
    • By Shimla999 8th Feb 18, 2:10 PM
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    Shimla999
    Thanks for the link to the LAU, Unforeseen - I'm not sure if the law has been changed since this article has been published, but some of the things published here do not coincide with what I have been told by estate agent and my (Catalan) lawyer. For a start, the tenant has to pay a minimum of 2 months' deposit - more if they are foreigners (i.e. not Spanish). And I was not told that the owner had to demonstrate they wanted to live in the house again in order to remove the tenants. In any case, as I say, my ex does want to live her again - at least that is what he says now. So, that would mean I would have to leave the house.
    • Shimla999
    • By Shimla999 8th Feb 18, 2:15 PM
    • 15 Posts
    • 0 Thanks
    Shimla999
    OP, Can you turn this on it's head, and you get a buy to let mortgage on the house in London and buy him out? The money he owes you could then be deducted from his share. You would then have separate finances, and you could sell the house if you wanted, pay the mortgage and release your equity.

    The fact that it will be difficult for him to get you out of your current residence for which you pay him rent might concentrate his mind on being a little more constructive.
    Originally posted by harrys dad
    Hi Harry's dad, Thanks for your reply. That's an interesting idea and 'might' be possible. I'll have to think about it. However, the problem here - and it's a big one - is that I am pretty sure he would not want to sell the property. It was his dad's flat and I think he feels emotionally attached to it (I don't, of course). Also, this is his only source of income right now apart from the rent I'm paying him. He has not worked for years (due to me being the sole breadwinner and him being totally lazy). However, I could suggest this option. It would be lovely if it were that easy though! Thanks for the suggestion!
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