Case Study – Sole owned property in Marriage

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We often receive a question such as this –

“I bought an apartment in Spain solely in my name. I was married and now am divorcing my wife. She has has never paid anything to the mortgage or bills, I pay everything. We have no children. She now wants me to sell it and give her half. What rights do I have as she goes often to stay in the apartment while I pay for it all.”

Our solicitor gives the following advice in these circumstances:

Assuming they are British, and married under British Law, and assuming the divorce proceeding would be filed in Spain, she does not have the right to demand anything in relation to the property owned solely by him.  Also once she left the property, she is not entitled to come back. So they can bear that in mind in their divorce negotiations. 

 

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