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Court valuation of Spanish Properties

Court valuation of Spanish Properties

The financial crisis seen in Spain over recent years has brought with it an increasing number of married and co-habiting expat couples who have taken the decision to go their separate ways. In some cases an agreement can be reached between both parties, however in more complicated or acrimonious divorce cases - and cases where a subdivision of property in the cases of a business partnership is concerned - it is almost always necessary to involve a specialist legal team.

This applies not only where the joint ownership of Spanish property is involved, but also where one party wishes to make a claim against the assets owned ouright by another party. Under these circumstances it is necessary to obtain a valuation of the property in question in preparation for judgement by the courts before a division of assets in such cases can be agreed upon.

Tumbit asked Campbell D. Ferguson, FRICS, of Survey Spain SL to explain how he and his team can assit with the evaluation of property in such cases.

" It is advisable to make every effort to settle disputes and disagreements out of Court. If that canít be achieved, itís the Court that will decide on the basis of the information provided, so the next best step is to make sure that your professional team has a good record, attitude and experience."

With many couples and individuals now owning property all over Spain and itís islands and prices having changed so much over the past 10 years, itís not surprising that agreement canít be reached on market values. So an independent expert has to be appointed. The Court Procedure Rules now encourage the use of a sole joint expert witness, to avoid the situation of multiple values being discussed in Court. Most Courts arenít keen on discussing numbers !

Mr Ferguson and his team have frequently been called upon to provide expert evidence for many English and Scottish Courts, where an accurate market valuation, often at a historic date in the case of inheritances, is relied upon by the Court in their efforts to achieve a just settlement.

Click here to read about "Pareja de Hecho" and "Common-Law" legal partnerships in Spain.

Earlier this year Campbell D. Ferguson, FRICS, was awarded the Legal Experience Training Advanced Professional Award in Expert Witness Evidence (LETAPAEWE) accredited by Edexcel at level 7 Masters Level BTEC. Study for the award is recommended by the Royal Institution of Chartered Surveyors, which is the mark of property professional worldwide. Accreditation as an expert witness means that the Survey Spain Network can offer its clients this service.

Comment on this Article

Hi S Gunning. Sorry to read of your problem. Firstly, do not use the same solicitor as your husband. Get one who will work only for you. I know some trustworthy and good. Also get a divorce specialist. Fortunately, I've no dealings with those, but my list will have partners who specialise. We can't work for the Spanish Courts so you'll need a trustworthy, independent tasador to value the house. Good luck.
Campbell Ferguson - Wed 6th Nov 2013
Hi, My husband and I divorced 7 years ago, we are both Spanish nationals. The only thing we still have in common is a house which he lives in with his girlfriend and their son. All I want is for him to give me some money for my share of the house, I'm not asking for half just a reasonable amount then he will be the sole owner or if his girlfriend pays she will be co-owner. I have a lawyer who I've had for 13 years, I've always trusted him, he has power of attorney as I no longer live in Spain. Recently,I'm wondering if he is working on my behalf.Two of my daughters have told me that he's up to no good.He has given me offers my ex was willing to pay,which I agreed to but he told my ex that I didn't. The last thing that happened was my ex paid him 1000 euros, I don't know what it was for, but he then contacted me and wanted a similar amount. I'm hoping you can advise me, language isn't a problem, but maybe you can give me some options.
S Gunning - Wed 6th Nov 2013