Co-ownership Termination in Spain

This service is for people who own a property together with others, where no one owns a clear, separate part. This is sometimes called pro indiviso ownership. It often happens when several heirs inherit one home, or when a couple split up. If the owners cannot agree on how to use, run or sell the property, it can be hard for anyone to enjoy it. Ending the shared ownership settles the dispute and makes clear who has what.

How it works

The first step is always to try to reach a friendly agreement. Once the owners understand how long and costly the other path is, they often agree.

If no agreement is possible, a court case is started. The claim describes the property, the owners and the dispute. The other owners are officially told and can give their side. The court looks at the evidence, such as how much each owner paid and how each has used the property. It then decides, and may order the property to be sold or divided into parts. Finally, the decision is carried out, so that each owner is treated fairly.

What the service includes

• A first talk with a lawyer who handles property disputes, to look at your situation and options
• Talks with the other owner to try to agree on a sale, which is usually in everyone's financial interest
• If that fails, starting the court case and dealing with the other owners' replies
• Presenting the evidence and arguments to the court
• Carrying out the court's decision, whether by selling and sharing the money or by dividing the property

A note on public auctions

A public auction is a poor way to get a good price for a property. A very low bid, even from the other owner, may be enough to win it. For this reason a lawyer may attend the auction for the client to keep watch.