Partition of joint ownership in Spain can be done via court procedure at will of just one of the co-owners. However if a spouse is living in a house and has a minor with her/him the partition will have to wait until the child either leaves the abode or reaches 18 years of age.
Economically speaking it is always better to reach an amicable agreement and sell the common property or asset. Our firm has crafted some approaches to reaching precisely these type of agreements when parties are at odds.
Nevertheless, if the only outcome is a partition procedure our lawyers will force a court sale of the joint ownership, where the judge, after public sale auction, will allot to each party its respective share.
The parties’ presence in court is not required until the end when the court hearing takes place.
Preliminary measures can be taken in some instances if the asset is in danger or at risk of being sold or disposed of by one of the joint owners without the knowledge or permission of the other(s).
Obviously, if one party wants to buy the other party´s share the court will acquiesce to this provided a fair price is reached, thus avoiding partition of the joint property. To obtain the right price appraisers and other evidence can be introduced before the judge.