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Costa del Sol

80-year-old married for six months wins fight for home

• 21 Jun 2007 •

AN 80-YEAR-OLD man, married for just six months to a woman in her 50s, has won a battle to remain in a house with his mentally disabled daughter even though he signed the property over to his former partner while they were together.

The Provincial Court has additionally ruled that the ex-wife has no rights to a compensatory pension because of the short duration of their marriage, with them considering the case “really pathetic.”

Six months after the couple began living together in June 2004 the man put the house in his partner’s name, and though they eventually married in April 2005, in November the same year they divorced.

In the following October the ex-wife declared in a Court of First Instance that she had been most affected by the break-up of the marriage and was in need of the most protection and help.

The Provincial Court stressed that the woman admitted that before meeting the man she had “lived in absolute misery”, living in a car in Malaga.

In its ruling the Provincial Court stated that “according to the appeal, to send her out into the streets without any money is to condemn her to poverty, but this is not a result of the marriage.”

The court added that the problem belonged to “Social Services and not to the gentleman who has a pension of little more than 1,000 euros and lives with his disabled daughter in a house which is the result of his lifetime of effort.”

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