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View Full Version : Help needed on the sale of Property in Tenerife



Jackie
01-02-2012, 21:24
Just need a bit of advice for a friend who is not a forum member.

He and his wife own their house outright. His wife has moved back to the UK and he is starting Divorce proceedings. He wants to stay in Tenerife and part of the divorce agreement will be that he lives in the house until such a time that it is sold and then they will obviously split the proceeds. Obviously as the house is in joint names they will both have to attend Notary. What he wants to know is will his then ex wife need to be present at the same time or would they be able to go separately. Also would it have to be stated in the divorce agreement that she has to return to Tenerife as and when she will be needed at Notary.

Thanks

delderek
01-02-2012, 21:49
Power of attorney, for one or both parties, would be the answer. Neither of them would then have to go to a Notary

Jackie
01-02-2012, 21:55
Thanks for that DD...not a problem for him to attend but obviously with his ex wife living in UK would be a bit of a pain trying to organise things. Will relay the advice :)

cainaries
01-02-2012, 22:44
Sad story, Jackie, no matter how you look at it. Following a very bad experience within OH's family, might be better if they both appoint someone to represent them throughout. OH's stepson was taken to the cleaners by his ex in Cyprus because he assumed the lawyer would treat them the same as joint owners - no such luck. Eight years down the line, he is still trying to recover his share. I know laws are different but human nature isn't so different ....

Jackie
01-02-2012, 22:59
I understand what you are saying Cainaries but he is actually divorcing through the UK Courts with a UK based solicitor..something that can be done because his soon to be ex now lives in the UK. He has spoken to his solicitor and he has said because there are no kids involved and his wife is financially stable that there shouldn't be a problem with the divorce agreement that he has proposed. Providing she doesn't contest the divorce the solicitor has said there would be no need for her to even get a solicitor involved, obviously if she does then it will start costing her money as well which my friend thinks is very unlikely lol.

CIM
02-02-2012, 00:09
Just completed a sale like this recently.
We arranged POA through a lawyer for both sides and had the proceeds of the sale divided equally and placed into separate bank accounts for them. They were reluctant to see each other so we kept everything separate but kept both sides fully informed as did the lawyer.
There were a couple of hitches but it all worked out in the end. Hardest part is usually getting them both to agree on an asking price and selling price.

doreen
02-02-2012, 08:15
A difficult situation ... and looking at it from the wife's point of view, she should really consider appointing someone/a lawyer? here to look after her interests - with the husband having possession of the house, he has the upper hand.

Jackie
02-02-2012, 17:40
Thank CIM will mention you to said friend.


Doreen that is interesting. How would he have the upper hand because he has possession of the house if it is written into their divorce agreement that he can live in the house until it is sold and then the proceeds split ? He pays all the bills and obviously will continue to do so until the property is sold.

doreen
02-02-2012, 19:20
Thank CIM will mention you to said friend.


Doreen that is interesting. How would he have the upper hand because he has possession of the house if it is written into their divorce agreement that he can live in the house until it is sold and then the proceeds split ? He pays all the bills and obviously will continue to do so until the property is sold.

Being Devil's Advocate ... what incentive does he have to agree to any price offered as presumably he will have to downsize afterwards ....

Jackie
02-02-2012, 19:25
ah right now I understand what you meant. No he wouldn't want to stop a sale providing it was a fair offer for the property. He wants to move anyway so I don't think that would even come into it.

s1monsg
02-02-2012, 19:34
If there is a mortgage to be paid they both have to pay it as they will both be severally and jointly liable, which will give him less of an incentive to sell and therefore agree a price. This happens a lot with joint mortgages.

Jackie
02-02-2012, 19:36
If there is a mortgage to be paid they both have to pay it as they will both be severally and jointly liable, which will give him less of an incentive to sell and therefore agree a price. This happens a lot with joint mortgages.

If you read the original post you would see that they have no mortgage as the house is owned outright ;)

s1monsg
02-02-2012, 21:26
Obviously I don't know you and you don't know me, but honestly...if we were having a conversation face to face in a bar, and I said verbally during our conversation what I have written as my comment on this thread, can you honestly say that your retort would have been along the lines of "didn't you hear what I said when I started the conversation?"...finished off with a wink. I don't think you would...at least, I like to think you wouldn't anyway. Just to let you know I did read the thread when it was originally posted, but I have to say that since then some time has passed and I didn't re-read it when I posted, so that is my fault, but I would have thought that your answer could have been put more tactfully.

Jackie
02-02-2012, 21:42
Obviously I don't know you and you don't know me, but honestly...if we were having a conversation face to face in a bar, and I said verbally during our conversation what I have written as my comment on this thread, can you honestly say that your retort would have been along the lines of "didn't you hear what I said when I started the conversation?"...finished off with a wink. I don't think you would...at least, I like to think you wouldn't anyway. Just to let you know I did read the thread when it was originally posted, but I have to say that since then some time has passed and I didn't re-read it when I posted, so that is my fault, but I would have thought that your answer could have been put more tactfully.

If we was having this conversation face to face in a bar you are dead right...I would have asked you if you had actually been listening to what I had been saying...anyway moving on...it wasn't meant to be untactful it's just the way you have chosen to read it. I'm here for advice for a friend not an arguement

warbey
02-02-2012, 21:51
The reply Jackie gave, is to Me a fair Comment. without malice, on a Forum..

Maybe You dont think so.?.... Wait a bit................

s1monsg
02-02-2012, 21:54
Wait for what?

cainaries
02-02-2012, 22:50
I understand what you are saying Cainaries but he is actually divorcing through the UK Courts with a UK based solicitor..something that can be done because his soon to be ex now lives in the UK. He has spoken to his solicitor and he has said because there are no kids involved and his wife is financially stable that there shouldn't be a problem with the divorce agreement that he has proposed. Providing she doesn't contest the divorce the solicitor has said there would be no need for her to even get a solicitor involved, obviously if she does then it will start costing her money as well which my friend thinks is very unlikely lol.

OH's stepson also divorced in the UK. Reverse situation only in that he was the one who went back to UK and initiated divorce proceedings whilst his about-to-be-ex continued to live in their house in Cyprus. This was then sold, totally without his knowledge because she fudged/forged paperwork with the connivance of estate agents and lawyers there. She has kept all the proceeds and bought another property. I completely understand that your friend is not the same as this woman in any way (!). My point was that she was able to do all this in Cyprus regardless of what the UK court awarded to OH's stepson (I'm going to write his name next time - I'm tired of typing all that out!), namely 50% of the proceeds - which he is never going to see.

Jackie
03-02-2012, 07:58
That's awful Cainaries but I think as far as my mate is concerned he just wants to get divorced and get 'rid' of his other half as soon as possible so I'm pretty sure he will happily split the proceeds from the sale. Why divorce just to keep them in your life for another 8 years fighting over something..seems crazy.