Impossible ex

STRaction123 · 23 May 2019 at 9:17AM

Hi,
My ex partner and I bought a property together in Spain approx 10 years ago, we are both on the title deeds as owners 50/50 split.
We separated 8 years ago and settled all our uk assets amicably, the only thing outstanding was the property in Spain.
For the first 6 years after we separated, the costs for the Spain property were split 50/50. I made monthly payments for child support and her 50% cost for Spain was deducted from this, I then paid all the bills and Mortgage in Spain.
For the last 2 years I have not paid child support as by children are over 18 and I now pay money directly to them therefore I could not deduct her 50% of the costs.
For the first 6 months of the 2 year period she paid the money to me and I settled all the bills in Spain.
One of my children who is over 18 decided they wanted to live with me now and then she has refused any contact with me, telephone, texts, emails all go unanswered and she refuses to talk with me if I turn up in person. For the last 18 months, since my son has lived with me she has made no payments for the Spain property, I have paid all the bills and mortgage for this period.
I have discussed with her new partner ( since she refuses to talk with me), he tells me she agrees to sell the property which I will now take steps to do, we spilt any equity or costs 50/50.
Can I take her to the small claims court for these missed payments, £4,500 over the 18 months period and in the future assuming she continues not to pay?
My worry is also she will refuse to proceed with the sale, not sign the necessary paperwork and continue not paying in the years to come, as making life difficult seems to be her main aim. As I can see trying to force a sale in Spain is very costly and will take years.
I could offset the money owed from the equity once the property is sold, but my worry is it may not sell or not be enough equity to cover her costs depending on how long it takes to sell.
I am at a loss, really not sure how to proceed and welcome your opinions please

Comms69 · 23 May 2019 at 9:34AM

Is that really the hornets nest you want to poke?

I know it's £4.5k, which is a decent amount, but really? Life's too short.

(legally yes you could - sell first then pursue it. You have 6 years to claim it)

STRaction123 · 23 May 2019 at 10:24AM

Yes you are right, its a hornets nest I would ideally not touch.
That £4.5K really annoys me especially if she continues not to pay while I am trying to sell the property.
Maybe best to sell then pursue the debt, I didnt realize I had 6 years to claim.