GASCÓN BERNABÉU ABOGADOS
Forced sale of jointly owned property in Spain
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Forced sale of jointly owned property in Spain
If you co-own a property in Spain and you’ve reached a point where one party wants to sell but the other does not, it can create a problematic situation. This is something our English-speaking solicitors regularly advise on at Gascon Bernabeu. Whether the property in question is a holiday home, an investment, or something you’ve inherited, it’s not unusual for co-owners to have different views on what should happen next.
Under Spanish law, it is possible to apply for the sale of a jointly owned property, even without the other owner’s agreement. However, that doesn’t mean court action is always necessary. There are often steps we can take to resolve matters more efficiently and with as little stress as possible.
Our role is to explain your options clearly and guide you through the process. We’ll help you take the right approach based on your circumstances, whether that’s through negotiation or, where needed, formal legal proceedings.
Who can this service help?
Property co-ownership takes many forms today, and it’s become increasingly common for two couples or groups of friends to jointly purchase holiday homes in Spain, sharing both the joys and responsibilities of ownership. Also, families often inherit property together, and business partners might invest jointly in real estate.
However, over time, circumstances and priorities can change. One party might want to sell for financial reasons, lifestyle changes, or other reasons, while the other may want to keep the property, perhaps because they use it regularly or view it as a long-term investment.
At Gascon Bernabeu, we have assisted countless clients in resolving complex property disputes just like these. We understand how sensitive these situations can be, especially when they involve close relationships. Under Spanish law, one co-owner does have the right to request a forced sale of the property, even if the other co-owner disagrees. However, we’ll always prioritise amicably resolving matters through open communication and negotiation before pursuing any court action.
How we can help you sell your property
We regularly advise clients who have made the decision to sell, but are being held back by a co-owner who refuses to cooperate. This can be incredibly frustrating, especially if you’re keen to move on for personal, financial, or practical reasons. In these situations, our role is to help you move things forward in the right way. We’ll talk through your circumstances and explain how Spanish law supports your right to request the sale of a jointly owned property. If negotiation isn’t successful, we can guide you through the legal steps to apply for a forced sale through the courts, making sure you feel informed and supported at every stage.
What if you’re the one being pressured to sell?
You might not be looking to force a sale. In fact, you could be in the opposite position. We often speak to clients who are being pressured by a co-owner to sell their share of a property before they feel ready.
If that sounds familiar, we’re here to help you understand your rights and explore your options. You don’t have to agree to something you’re uncomfortable with, and you don’t need to face those conversations alone. We can step in on your behalf, provide advice, and help manage the communication so things stay fair and balanced.
In many cases, we’re able to reach a solution that works for everyone. That might involve agreeing on a longer timescale, finding practical compromises, or simply making sure your voice is heard in the process. Our priority is to protect your position and give you the support you need to move things forward.
How we can help at Gascon Bernabeu
Our English-speaking solicitors bring a wealth of experience in Spanish property law and dispute resolution. We will manage your case from start to finish, providing clear guidance, handling negotiations, and, if necessary, offering representation if things do progress to court. Our approach is always focused on achieving the best possible outcome for you with the least amount of stress. With the help of our English-speaking solicitors, you can expect transparent communication, practical advice, and dedicated support.
If you’re dealing with a dispute over a jointly owned property in Spain and you’re not sure what your next steps should be, we’re here to help. You can speak to one of our English-speaking solicitors for a free, no-obligation consultation. We’ll listen, clearly explain your options, and guide you through the process from start to finish. To get started, just fill in the contact form on our website, email us at info@gbabogados.co.uk, or call +44 (0)20 3137 1320.
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