Here's a tricky one and I am hoping somebody might be able to give me some clues.
My elderley friend (I have written re advice for him before) wants to sell his property and I had agreed to pass the word on for him in the hope of finding a buyer.
Our first problem was that he couldn't recall ever having had an Escritura and people on the forum kindly pointed me in the right direction. The result was that we obtained a Copia Simple from the Registro for him a couple of months ago.
My friend happend to mention that he hoped that it was his name on the Copia Simple and not that of his son - who also bears the same name albeit with the addition of a middle name.
On checking the Copia Simple it states that it is in the name of whom now transpires to be his son as it bears the middle name of his son and also a NIE number. My elderly friend has neither a middle name nor a NIE number.
It was then revealed by said elderly friend that because he did not live in Spain, therefore did not have a NIE number, but his son did, it was decided that the property would be put in the son's name.
Additionally, the reason for doing this was that a bank loan was required and this was taken out in the son's name with his father feeding money into the account to pay for it.
This all happened approx. 12 years ago. Unfortunately the son has now fallen out with the father big style and refuses to talk to him. No idea what that is about!
My question is this - is there any chance that the father can get legal possession of the property? and if so, what would he have to prove?
A big ask I know!