Posted in: Civil Law, Deeds Issues, Family Law, Legal
Disputes over jointly owned property has been made easier in Spain as a result of a law change. Joint ownership of a property — whether acquired through inheritance, family arrangements, or co-purchase — can work smoothly when all parties agree. But when co-owners cannot agree on what to do with the property, it often leads to serious disputes. These affect relationships and can stall any decision about the future of the home. However a recent law change has made problems much easier to resolve.
The Spanish authorities introduced a requirement for a mediation process. Previously, when one part of a family ignored contact, a Court case became inevitable. Now Judges expect to see communication and it is much simpler to resolve issues.
At Molina Solicitors, we can now assist clients throughout Spain — including the islands — in resolving these conflicts. Especially now that the Spanish legal system strongly encourages resolution through mediation and negotiation before formal court action.
Under Spanish law, joint ownership (or “comunidad de bienes”) means a property is owned together by two or more people, each holding a share of the whole property (So not joint as in jointly and severally as in the UK usually). This is common when several heirs inherit a property, or when family members purchase a home together.
The difficulty arises when co-owners disagree about:
-Whether to sell the property
-Who should live in it
-How to divide profits or responsibilities
-Whether someone should buy out the others
When agreement breaks down, legal guidance becomes essential, and we see this a lot.
In 2025, Spanish law expanded the role of mediation resolution methods as a required first step before many civil disputes can be brought to court. These encourage negotiated solutions and reduce the pressure on the courts.
In practice, this means that before proceeding to litigation, parties will normally need to attempt mediation — often for up to 30 days — to try to reach an agreement.
This step is very important:
-It fosters dialogue between family members
-It often leads to solutions that suit everyone better
-It can significantly reduce costs and legal time
If mediation fails, the file can still move to court with evidence of attempted resolution — which is now a legal requirement.
Step 1: Assessment & Documentation
To begin, we gather key details such as:
Title deeds (escrituras), SUMA/IBI receipts, any previous agreements or communications, and identification of all co-owners.
This allows us to understand your rights, the property’s status, and the positions of all parties.
Step 2: Mediation or Negotiation
We need to try to resolve the dispute amicably first. We can do this whether the property is in our area (Alicante region) or say in one of the islands or Marbella or Malaga. Mediation gives all co-owners an opportunity to:
-Agree to sell the property and split the proceeds
-Arrange a buy-out where one party purchases the others
-Decide on a property use plan that works for everyone
When done right, generally it avoids a full Court process as the difficult/silent party generally sees that everyone including them will lose out with a Court process and probably auction.
Step 3: Legal Action (If Needed)
If mediation does not result in an agreement, we can file a formal request with the courts to dissolve the joint ownership. Spanish law is clear that no one is obliged to remain in a shared ownership against their will. A judge can order:
-A judicial division of the property
-A valuation and distribution
-Or, a public sale (auction) with proceeds divided proportionally between co-owners. (Not ideal)
Although a public auction is often the last resort, it ensures that co-owners can exit the joint situation even when others refuse to agree.
Contested joint ownership cases are complex and deeply personal. At Molina Solicitors, we combine legal knowledge with practical experience to guide families through every stage — from early negotiation to final resolution.
Whether your property is in Andalucia, the Balearics, Murcia region or anywhere in Spain, we can usually help. It is better that a independent third party takes control of the negotiations.
Disputes over joint property can be stressful and divisive — especially when family is involved. However, Spanish law provides clear pathways to resolution, prioritising mediation and negotiation while ensuring that co-owners are not trapped in an unwanted situation.
It’s often possible to reach a fair outcome without litigation with early advice. And when court action is necessary we will be supporting you with professionalism.