# Pro Diviso



## bentms (Nov 4, 2015)

Hi Guys,

The house I'm about to buy is described as pro diviso, does anyone have any experience with that?

Is it something to be avoided?

Thanks for the help

Ben


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## Alcalaina (Aug 6, 2010)

DO you mean pro indiviso? This just means the property is jointly owned by more than one person (e.g. the heirs of the previous owner). It shouldn't be a problem provided you have a good lawyer (and not someone recommended by the agent!)


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## bentms (Nov 4, 2015)

Hi yes that's exactly what I mean, ok that's interesting I thought it had something to do with splitting up the land. The property, as far as I can see, is part of a larger farm, so I'm trying to tread very carefully. Out of interest, I'm trying to pick a lawyer as we speak, why do you think it is best to avoid the agent recommended lawyer? I'm presuming it's to prevent collusion?

Thanks so much for your help

Ben


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## Campesina (Dec 17, 2011)

You should not touch a property described as pro indiviso with a barge pole. It means that the land has been divided up physically but not legally and you will become the partial owner with a share of the entire plot in company with the other partial owners. It also means that any property standing on the plot will probably have been built without a building licence and will not be shown on the title deed.

This is common on a large plot that has been divided up so that individual members of the same family or very close friends own houses on the plot but is certainly not advisable for a foreign buyer.

One of the more serious consequences is that if one of the owners gets into debt the whole thing will be embargoed not just his own share.

Do not use a lawyer recommended by the agent or the seller and, if possible, find one from a nearby town rather than one who is local to the area. No self-respecting lawyer (assuming such a beast actually exists) would allow a client to purchase a property under these circumstances.


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## bentms (Nov 4, 2015)

Wow ok, well that strikes the fear of God into me!!!! 

Thanks so much for your advice, I will truly take it onboard and tread very very carefully.

Do you think that it is important to have a lawyer who is from the same region or can I for instance have a lawyer based in Murcia to buy a property in Andalucia?

Thanks again for all your help

Ben


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## Campesina (Dec 17, 2011)

The lawyer need not be local to the area in which you are purchasing as long as he is fully cognisant of the land laws which vary from region to region neither need the notary before whom you sign but a seller in Andalucía is unlikely to be prepared to travel to Murcia to complete the transaction which will mean that your lawyer will need to travel to Andalucía to represent you and translate for you at the signing or arrange for someone locally to do so.

The only way in which the term pro indiviso is acceptable in a title deed is when it is used in respect of joint purchasers who will own the property 'mitad y pro indiviso' (joint and undivided) but under no circumstances should you proceed with any purchase which will involve you being joint owners with third parties.

This information is based on personal experience and a considerable amount of research. I am not a lawyer.


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## Isobella (Oct 16, 2014)

Why bother with a costly Lawyer, just walk away. Plenty of legal property and good houses around without complications.


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