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My deeds do not have my spouses name on them as buyer…(FRONT PAGE) ..only mine appears..and he never signed anything at the time of the sale. .However his name is mentioned (as husband) inside the deeds. I am now separated and the notary says I need to get a power of attorney letter from him – also with apostillado in order to be able to sell my house. It doesn’t make sense to me.
Please advise.
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Dear Jools, To be 100% abut your husband being partially the owner of this property, you should request an updated land registry report. If this property is owned 50% by your ex husband and 50% in your name, you will not be able to transfer the property without a power of attorney document which should be signed in front of a Notary Public and if it is signed in the UK, the document should carry the apostil of the common wealth. Please let me know if you have any other question (www.perezlegalgroup.com)
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Dear Jools, If you were married in community of goods the property belongs 50% to you and 50% to your ex husband althoug your name is not mentioned in the purchase deed. If you were married in separation of goods, the property belongs to your ex. Important information is that you are divorced. You and your husband signed an agreement/deed with the division of your joint belonings. Who obtained the Spanish property when you divorced? Firstly, the person who obtained the property must register the deed of division via a Spanish notarial deed at the Land Registry. After that the property can be sold.
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