Hi four years ago my wife and my self went our own seperate ways after 30 years of marriage. We jointly owned an apartment in main land Spain and another in Tenerife. We sold our uk home and split our funds equally.
It was vebally agreed that I wanted to keep one of the overseas property,s as my future home and pension assett and I was not bothered what one althoungh the Tenerife property is worth a third more.
The mainland property sold imediatly and my wife was given all the proceeds from the sale 128000 Euro aprox 84000 pounds at the time. ( if this had not been part of our agreement she would have received half)
All has been well over the past four years and now my wife wants our seperation made legal and divorce. NO PROBLEM.

But now she has texed me saying she made the verbal agreement4 years when she was upset and as her life choices have not worked out so well wants to go back on our agreement and claim money against Tenerife property .

I am now devistated as I am due to move to Tenerife at the end of April.  I should add that the deeds are still in both names.

Do I have any rights or have I been a fool for trusting her.

Many thanks and I hope this is not too confusing.

Steve

I don’t think she can force you to sell it, especially if it is going to be your primary residence. However all the time her name is on the escritura (title deeds) you would always need her signature if you decided to sell.

Move in, enjoy life and ignore her - sounds like she has had her share.

Or make a financial settlement based on current values which are in your favour. (ie lower)

Where a property is held jointly a dissolution of joint-ownership may be enforced through the Courts (arts 406 and 1062 Civil Code). However, it is sold at public auction so the price achieved is often well below market value - best avoided whenever possible.

Glyn Moran
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