# Co-owner refusing to maintain or restore property



## timothy guthrie (Dec 1, 2010)

Hi Folks.

I'm new to the site and I joined after becoming exasperated trying to understand owner responsibilities for work on a property. I am part owner of a property in Spain with 2 other people. All of us are British citizens. The property is a large old farmhouse in the countryside in a small village. It is not an urbanization, nor a community so I don't think it comes under Law of Horizontal Community. It's just a house with 3 owners who bought it together. 2 of us want to restore the house because it has holes in the roof, needs new outer doors and some of the walls and floors are unsafe. The other person does not want to pay for the work. All of the work we want to carry out is needed to keep the property from deteriorating further, and it isn't decorative in any way. Could someone please tell me where to find information on how to continue. Between us the 2 of us that want to continue and restore the house own 75% and the person who does not want to pay owns 25% if that makes any difference.
Thanks.
Tim.


----------



## gus-lopez (Jan 4, 2010)

It beggars belief that someone can buy with others & then not want to keep the property from falling down! Why does he not want to maintain it ? Does he not have the money at present or just doesn't want to pay ? Does he think that if you let it fall down you'll be able to build a new one ? Was there a plan from the outset ?


----------



## timothy guthrie (Dec 1, 2010)

Hi Gus.
It's a woman actually. She originally wanted to move to Spain but she has changed her mind. Now we are left to maintain the property. We need to carry out repairs to the roof, doors, floors and walls that have suffered from prolonged neglect. We all knew what we had to do when we bought it, but she is now refusing to contribute to renovations that we have already started including the removal of floors infested with woodworm and many other problems. We plan to move in permanently next year but we have no idea how to proceed. She will definitely not want to build a new house. I need to know what she is liable for so we can continue without having to pay for everything on our own.


----------



## Stravinsky (Aug 12, 2007)

"Well as it stands if you continue with the work then she is going to benefit. You need to speak to someone legally, but I'm guessing that unless you have anything in writing about contributions, you are going to have a problem. You could offer to buy her out at the current market value, which would be low because of the state of the place


----------



## timothy guthrie (Dec 1, 2010)

Seems rather strange that an owner is not responsible for the upkeep of their property?


----------



## Stravinsky (Aug 12, 2007)

timothy guthrie said:


> Seems rather strange that an owner is not responsible for the upkeep of their property?


Well I guess no one can make someone look after their property.


----------



## jimenato (Nov 21, 2009)

timothy guthrie said:


> Hi Folks.
> 
> I'm new to the site and I joined after becoming exasperated trying to understand owner responsibilities for work on a property. I am part owner of a property in Spain with 2 other people. All of us are British citizens. The property is a large old farmhouse in the countryside in a small village. It is not an urbanization, nor a community so I don't think it comes under Law of Horizontal Community. It's just a house with 3 owners who bought it together. 2 of us want to restore the house because it has holes in the roof, needs new outer doors and some of the walls and floors are unsafe. The other person does not want to pay for the work. All of the work we want to carry out is needed to keep the property from deteriorating further, and it isn't decorative in any way. Could someone please tell me where to find information on how to continue. Between us the 2 of us that want to continue and restore the house own 75% and the person who does not want to pay owns 25% if that makes any difference.
> Thanks.
> Tim.


Why not pay for the repairs and increase your share of the property by the extra amount you have invested?

Do it properly, with legal advice and with the agreement of all parties.


----------



## mrypg9 (Apr 26, 2008)

timothy guthrie said:


> Seems rather strange that an owner is not responsible for the upkeep of their property?


Not really - it's their property and they are free to let it fall into disrepair if they wish. And when you think about it, why shouldn't they? If they are happy to see the value of their asset diminish, they are the only losers.
The only time a UK local authority will intervene and order repairs is if the building is listed or is a danger to the public.
Surely you took legal adviceabout sharing responsibility for repairs and maintenance before agreeing to purchase jointly?


----------



## timothy guthrie (Dec 1, 2010)

mrypg9 said:


> Not really - it's their property and they are free to let it fall into disrepair if they wish. And when you think about it, why shouldn't they? If they are happy to see the value of their asset diminish, they are the only losers.
> The only time a UK local authority will intervene and order repairs is if the building is listed or is a danger to the public.
> 
> Pretty different here then. I've spent a lot f time today with Juez de Paz, Concello etc and had some good information. Even read some large chunks of civil code again on advice. Someone who works with the Notary's nearby told me they are responsible to pay their share for the upkeep & maintenance. Bit more sorted now. I'll post info as it comes in just in case it's any use to anyone else. Lawyer tomorrow. Cheers folks.


----------



## Muddy (Jan 14, 2010)

I remember reading something from the bank relating to my mortgage in the UK, but this would be simple if only one owner and the bank in theory could force you to do some maintenance if it is or will cause damage to the property by not do some need work.

As said above, you should have had a legal contract signed by all if you with a investment in the property covering this sort of situation.
Hopefully you have that.
I would suggest buying out her share, at the same time look for a new 3rd partner to then buy into the property if you don't have enough funds to keep it between just the 2 of you!
Hope it works out for you.


----------



## timothy guthrie (Dec 1, 2010)

Muddy said:


> I remember reading something from the bank relating to my mortgage in the UK, but this would be simple if only one owner and the bank in theory could force you to do some maintenance if it is or will cause damage to the property by not do some need work.
> 
> As said above, you should have had a legal contract signed by all if you with a investment in the property covering this sort of situation.
> Hopefully you have that.
> ...


Thanks. All the work we want to carry out is necessary for the property to be considered structurally safe and to prevent it deteriorating, so it's seems that we're okay. One course of action recommended was that we pay for a structural survey because some of the walls and floors are so bad they present a hazard. Luckily the other party had contributed to the work until recently, so it's a bit hard for them to say they didn't agree to it.


----------

