# divorce living in spain



## juststuff (Mar 13, 2013)

Hi,
My Husband wants us to separate after living in Spain for 6 years, we sold our property in UK and moved here 6 years ago and bought a house in Fortuna outright. the deeds to the house are in his name as I could not get over to Spain at the time of sale to sign the documents. We have improved the property greatly since we bought it and always believed we would both be living there till our old age. However he has now met another woman and wants me out. We are still both UK citizens not Spanish Residents. What am I entitled to ? would all the monies assets get split equally as they would in the UK ? or do I have no rights with the house being in his name only.
I would be grateful for any information you may have.
Thanks
Sasha


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## Stravinsky (Aug 12, 2007)

juststuff said:


> Hi,
> My Husband wants us to separate after living in Spain for 6 years, we sold our property in UK and moved here 6 years ago and bought a house in Fortuna outright. the deeds to the house are in his name as I could not get over to Spain at the time of sale to sign the documents. We have improved the property greatly since we bought it and always believed we would both be living there till our old age. However he has now met another woman and wants me out. We are still both UK citizens not Spanish Residents. What am I entitled to ? would all the monies assets get split equally as they would in the UK ? or do I have no rights with the house being in his name only.
> I would be grateful for any information you may have.
> Thanks
> Sasha


My first question would be why arent you Spanish residents after having lived here for 6 years ..... I'm no expert, but to the Spanish authorities you don't exist here then?

You need to see a solicitor I guess fairly quickly


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## juststuff (Mar 13, 2013)

Stravinsky said:


> My first question would be why arent you Spanish residents after having lived here for 6 years ..... I'm no expert, but to the Spanish authorities you don't exist here then?
> 
> You need to see a solicitor I guess fairly quickly


To be honest I suppose I am a bit Naive really, Husband usually sorts all that sort of stuff out so not really sure why we have not applied to become Spanish Residents 
Yes I think I need to find a solicitor. Thanks


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## Pesky Wesky (May 10, 2009)

Stravinsky said:


> My first question would be why arent you Spanish residents after having lived here for 6 years ..... I'm no expert, but to the Spanish authorities you don't exist here then?
> 
> You need to see a solicitor I guess fairly quickly


I thnk she probably means they don't have Spanish nationality. Apparently what you're entitled to here is different to the UK. There are some links here
http://www.expatforum.com/expats/sp...g-spain/139612-judicial-separation-spain.html


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## juststuff (Mar 13, 2013)

thanks I will look at the link


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## RobMcL (Feb 24, 2013)

Sasha,

I'm not a lawyer, but I would have thought if you married in Britain and are still UK Citizens - albeit living abroad - you/ your husband would need to petition for divorce in the UK. Accordingly you would still be protected by British law just as you would if you were here. It just so happens that you would be seeking half of international assets. The fact you sold your property in the UK (presumably, but not necessarily jointly owned) in order to move to Spain, would further strengthen your case.

Whatever happens, I hope you manage to get something fair sorted, and as above - best seek the services of a solicitor. I would have thought a British one. Good luck!

Rob


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## mickbcn (Feb 4, 2013)

In Spain usually the house is 50/50. and the judge will say that the house is for you. and your husband must go to live in other place.... take a lawyer very quickly.law here will work in your favour.


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## Calas felices (Nov 29, 2007)

I suspect the fact that the house is in the husband's name only is the most important fact. Good advice - get a lawyer involved quickly as I don't believe there is legislation similar to the Married Woman's Property Act (as in the UK). If He sells it, then I suspect it could get salted away easily.


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## juststuff (Mar 13, 2013)

*thanks*

thanks to you all for your help.


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