Claim against the co-owner for the expenses of the property in Spain

Spanish civil code

At White Baos Lawyers, we have advised on many occasions, to co-owners with problems with the rest of the co-owners. Mainly because they do not want to pay anything in relation with the common property.

People must be aware that, if one of the co-owners does not want to contribute to the expenses of the property, the other co-owners could claim against him or her, for the proportional part of them.

Legally the Spanish civil code confirms that each owner is liable as per his percentage of ownership on the property. So, the rights and obligations of each owner depends on the quote they have on the property.

Legally, it is possible to claim for the expenses needed to conserve and maintain the property. As far as they can be identified and are normal expenses (no extraordinary). For example: cost of the mortgage, local taxes, community of owners, etc.

About the possibility of claiming for the water and electricity, etc that is not clear. Because some courts understand that it must pay for it, the person that is using the property.

If you want to get professional expert advice in  real estate law, and litigation, you could find more information at the following link: WHITE BAOS LITIGATION SERVICE

In any case, if you have any problem with your co-owner, or question about this matter, And you can also contact us at WHITE BAOS LAWYERS.

You could also check in our website other articles related to this:

Problems with the co-owner of a property in Spain. Condominium: division court action.

How to deal with the ownership of jointly owned property following separation, divorce in England or Spain, or the dissolution of a business relationship.

Problems between owners of a property in Spain. Legal advice. Compensation for preventing other owners using the common property.


Written by

Carlos Baos (Lawyer)

Lawyer Carlos Baos has been advising on variety of expat-related legal issues for years and weekly column offers free weekly insights.