Remove my partner from a mortgage in Spain

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    Hi all,

    I am an Englishman with a Spanish girlfriend, we live in England in a house I own (I have a mortgage).

    My partner took out a mortgage with an ex-boyfriend in 2006, before the credit crunch on a property (house) near Seville. The relationship broke down between them 18 months after they signed the mortgage together. Her ex partner’s parents are guarantors on the mortgage which was for 126k euros. My partner has not lived or been near the house since they split up, but she is still listed on the mortgage. She wants to remove herself from the mortgage but all attempts to this date to remove herself have failed. Her ex partner & his parents have been unwilling to release her from the mortgage. She continued to pay her part of the mortgage for three years after they split but she then stopped paying due to her ex boyfriend and his family’s unwillingness to scrub her from the mortgage. So basically he (ex BF) is and has been paying the mortgage since roughly 2011.

    I would like to know & would welcome any suggestions on how she stands in the eyes of the law as regards ownership of this property. Attempts have been made to pay the ex a lump sum to clear it up (around 17k euros) which initially he agreed to but then renagued on. If for instance Ex BF defaults on the payments, will the Spanish banks come to England looking for her?

    Has anyone else known of a similar situation? Or have any suggestions how to approach the matter. We just want to untie her from this mortgage & we are aware that this will cost money in one way or another, we are just looking to start the process of doing so.

    Any info greatly appreciated

    Best Regards


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