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Spanish property Law - is a verbal agreement binding?

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  • Spanish property Law - is a verbal agreement binding?

    My sibling and I jointly own a property in Spain which we inherited from our parents. Because of my circumstances, my sibling ended up with a higher percentage of ownership than me although there was a verbal agreement that he would give me the difference so that the property was owned on a 50/50 basis.

    This was to the knowledge of all sides, including spouses although not put into any contractual form.

    There is written corroboration however in that my sibling referred to the fact that the ownership is 50/50 in his divorce proceedings and stated the same in his financial statement and corresponding emails, Furthermore all bills and liabilities relating to the property have been shared on a 50/50 basis and his ex-wife will provide a statement to this effect.

    My sibling is now reneging on this and stating that we do not own the property on a 50/50 basis. Does anyone have any knowledge of spanish law to advise whether I have a case?

    Thanks
    Tags: None

  • #2
    I don't recall anyone posting here with expert knowledge of Spanish property law although from my general experience from family and friends who have bought houses in Spain everything has to be in writing.

    There are quite a few English speaking law firms in Spain catering to the ex-pat community and you may need to appoint one of those to advise you.
    Last edited by PallasAthena; 17th December 2024, 08:14:AM.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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    • #3
      A further thought, if you and your brother are both in England it might be possible to bring legal action against your brother under English law in the UK to get him to amend the Spanish ownership. Not my area of expertise but hopefully someone here may be able to help.
      Last edited by PallasAthena; 17th December 2024, 08:28:AM.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment

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