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28/05/2010
LITIGATION SPAIN LAWYERS SPAIN REAL ESTATE PROCEEDINGS
The High Court from Granada’s Province, on Appeal Nº 75/10, ruled in favor of our Spanish Lawyer’s petition of appeal; by revoking the Judgment entered in the Orgiva Court Nº 19/2009, which did not accept our Spanish Law Firm's client right to recover the money outstanding from his ex-wife, accrued from the sale of his property share in Spain to her.
The former couple, on their divorce, agreed on the division of their Estate in common; which included one property in Spain.
They signed a document in which the husband ceded his 50 % share of the Spanish property to her. As an exchange, she would pay half its value; and so they stated it in an agreement ratified in the U.K.
After the signing of their agreement, our client’s ex-wife convinced him to sign the Title Deeds of the property over to her, and she would pay part of the amount agreed at the moment.
The husband did not doubt of his ex-wife and accepted to sign the property over to her with a Notary in Spain. The Title Deeds signed stated a lower value on the property than the actual agreed one, and it was also stated that the amount agreed to be paid by the ex-wife had already been paid, which it was not the case.
However, he only received part of the payment agreed in the contract, which corresponded with the amount stated in the Title Deeds, which was only simulated.
The fact is that the two year term, after the first payment agreed in their contract, expired. Our client required his ex-wife to pay; but she refused.
Our client initiated a case in Court against her with our Spanish Law Firm. Our Spanish Lawyers studied the case and filed a claim in Orgiva (Granada).
Spanish Lawyers from this Spanish Law Firm went to Orgiva, as our Spanish Lawyers work in the whole Spanish Territory. However, the First Instance Court rejected our petition alleging our client had modified the initial agreement with his wife. That they had entered an initial agreement, but that they had changed it voluntarily and so they had gone to the Notary to modify the price.
The former couple, on their divorce, agreed on the division of their Estate in common; which included one property in Spain.
They signed a document in which the husband ceded his 50 % share of the Spanish property to her. As an exchange, she would pay half its value; and so they stated it in an agreement ratified in the U.K.
After the signing of their agreement, our client’s ex-wife convinced him to sign the Title Deeds of the property over to her, and she would pay part of the amount agreed at the moment.
The husband did not doubt of his ex-wife and accepted to sign the property over to her with a Notary in Spain. The Title Deeds signed stated a lower value on the property than the actual agreed one, and it was also stated that the amount agreed to be paid by the ex-wife had already been paid, which it was not the case.
However, he only received part of the payment agreed in the contract, which corresponded with the amount stated in the Title Deeds, which was only simulated.
The fact is that the two year term, after the first payment agreed in their contract, expired. Our client required his ex-wife to pay; but she refused.
Our client initiated a case in Court against her with our Spanish Law Firm. Our Spanish Lawyers studied the case and filed a claim in Orgiva (Granada).
Spanish Lawyers from this Spanish Law Firm went to Orgiva, as our Spanish Lawyers work in the whole Spanish Territory. However, the First Instance Court rejected our petition alleging our client had modified the initial agreement with his wife. That they had entered an initial agreement, but that they had changed it voluntarily and so they had gone to the Notary to modify the price.
Due to the said decision, our Spanish Lawyers from our Spanish Law Firm, filed an Appeal in Granada, which was heard by the High Court in Granada. The Section V High Court’s terms of the judgment entered on May 21st 2010, were as follows:
The Title Deeds did not modify the private contract, so the real value was the one agreed. The price stated in the Title Deeds was a simulated one, as it had never been receive.
The behavior of both parties at the signing was valuated, as well as the ratification in the U.K.
The Judge from the High Court found enough proof to order our client's ex-wife to pay the 10% interest agreed starting February 23rd 2007, which is when she was supposed to pay, being the money exchange rate at 1.494 euros.
Should you require further information on this sort of cases, please do not hesitate to ocntac our Spanish Law Firm. Please do not forget we work all over Spain.
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