My Co-Owner Refuses to Sell the Property in Spain – What Can I Do?

---

What to do when a co-owner refuses to sell the property in Spain. Spanish law allows a co-owner to apply to the court for the termination of the co-ownership.

Depending on the circumstances, the court may order a process that ultimately results in the property being sold and the proceeds distributed between the owners according to their shares.

Common Situations We See

After Separation or Divorce
A couple separates, but both names remain on the title deeds. One person wants to sell while the other refuses. Years pass, yet both remain responsible for expenses, taxes, community fees, and often the mortgage.

Inherited Properties
Several family members inherit a property together.
One wishes to sell, another wants to keep it, and another refuses to engage in any discussions. The property remains in legal limbo while costs continue to accumulate.

Family Disputes
Relationships between siblings, parents, children, or other relatives can break down. When communication stops, the property often becomes the centre of the conflict.

Why Delaying Can Be Expensive

Many people wait years before seeking advice. During that time they may continue paying
• Mortgage instalments.
• Community fees.
• Property taxes.
• Insurance.
• Maintenance costs.

Meanwhile, the dispute becomes increasingly difficult to resolve. Taking advice early can often prevent a manageable problem from becoming a costly one. Any co owner could claim 50% of the expenses or rent for the last 5 years to the other co owner.

Every Case Is Different Involving a Co-owner refusing to sell a property in Spain

Some disputes can be resolved through negotiation. Others require formal legal action.
The correct approach depends on factors such as:
• The relationship between the owners.
• Whether there is a mortgage.
• The ownership percentages.
• Whether one owner is occupying the property.
• Whether there are inheritance issues involved.

For this reason, it is important to obtain advice based on the specific circumstances of your case.

We Can Help With Problems of Co-Ownership on Spain

If you jointly own a property in Spain and the other owner refuses to cooperate, you may have more options than you realise.

At Molina Solicitors, we regularly advise clients on disputes between co-owners, dissolutions of joint ownership, inherited properties, and court proceedings relating to jointly owned assets.

If you would like to discuss your situation, our team would be happy to review the matter and explain the options available to you.