At Martínez Lafuente Abogados, we are specialists in joint ownership. Our objective is to provide effective solutions to those owners who wish to sell their undivided part of a property or put an end to the existing condominium. With our experience and knowledge in inheritance law, we can guarantee a safe and successful process.
A joint tenancy refers to a situation in which two or more persons share ownership of real property without there being a physical division of ownership. Each co-owner has rights and obligations over the whole of the real estate, according to his or her percentage of participation in the joint tenancy.
There are several reasons why an owner may choose to sell his or her undivided interest in a property. Some of the most common situations include:
If any of the co-owners did not want to sell, there would be no choice but to go to court and request the extinction of the condominium.
The plaintiff must prove that he/she is the owner of the property and that he/she wishes to extinguish the co-ownership. He must also present documents proving that an appraisal has been made.
It is advisable for the co-owner who does not agree to any out-of-court settlement to send a written request for an amicable settlement to the other co-owners. At the time of the lawsuit, he will also present a document proving this act, as a sign of his good will.
In these cases, it is common that another co-owner in his defense presents a different appraisal. In this situation, the judge will require a new appraisal. In the event that the co- owners do not reach an agreement to sell or for one to keep the property by paying the other his share, the property will be auctioned.
Our team of lawyers will be in charge of analyzing each case individually, evaluating the viability of the extinction and representing the interests of our clients at all times.
At Martínez Lafuente Abogados we are used to this type of proceedings and we can defend your interests before the court in the best possible way.
Why choose us?
In Martínez Lafuente Abogados we offer legal advice, agile and personalized, so that your inheritance is processed in a satisfactory way. Tell us your case and we will attend you quickly.
+34 91 576 92 09
+34 646 69 00 32
info@martinezlafuenteabogados.com
C/ Núñez de Balboa 71 Duplicado, 1º C
C.P. 28001, Madrid.
