[Anonymous]

I own a 3 bed town house in Spain with two other owners. All three names are on the Escritura. One of the party is forcing the two remaining owners to sell, does he have the right to sell the property without our consent?

[Anonymous]

By your description it seems you own the dwelling in what we call in Spain community of property, something still ruled here by the ancient roman laws (here specifically by the ‘actio conmuni dividendo’ in the Spanish Civil Code) which states that no one can be forced to keep this kind of joint property (even agreements stating that no one can divide the property are limited to ten years unless the property has been inherited with this limitation declared by the testator) .

As the house is indivisible, I’m afraid he can force the rest of the owners to sell (in public auction) if you do not arrive at an agreement satisfactory to everyone. In short, you should agree a price to buy him his part of the property, otherwise he can force you to sell the house and share out the money.

He could also sell his part of the property privately to a third party but in that case you will have the right of first refusal

Cesar

[Author]

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