Last year my partner of 20 years died very suddenly of cancer of which we both knew nothing. He has left me the one bedroom apt. we have lived in for 20 years and which we have bought everything together and two studios of 20 squ. meters each with a current value of 22.000 for each studio and one studio which is half owned by my partner and a friend as an investment. My partner was reforming it at the time of his death and the plan was always to reform and sell it. My apt in the same block has a current value of 50,000.
He has left me the properties Uso Fructio and on my death will go to his son and daughter. This is now causing many problems. At the time of his death the children could not be bothered to come to his funeral and refused to help in anyway towards the 4000 euros it cost which I had to borrow from our friend and part owner of one studio. At the time the son agreed (he has power of attorney over his sister) that I should borrow the money and when we sold the studio the funeral costs would be deducted from the cost. He has now renaged on this oral agreement and the one whatsapp text message in which he agrees has been lost as he deleted the account. He is refusing to pay any community costs at all of the studio which is for sale and although our friend has paid her half of everything he refuses not only to pay the fees but says that unless I agree to pay the funeral (which I have now said I will) and all the community fees and ibi etc he will not let us sell. This is now costing our friend money every three months and in fact has cost altogether in the past year 1450 for her alone. We have had to pay extra community fees for special adaptations to the building as it is very old and used to be a hotel.
I do not know if any of this makes any sense but the question is this. What can she do to get the place sold without his agreement, if indeed she can. Also I have the Uso Fructo and even if it is sold he is saying I have to give up the rights to me 21% life interest. He is supposed to pay all Community Fees and Ibi etc but refuses. To date because of the special community fees I have paid nearly 12000 euros to the community and townhall etc. I have said that because I collect rent (of 200 per studio) I do not mind paying the community fees for the ones I live in and rent but not the one that is up for sale. We had a buyer for the last six months who still wants the studio and is willing to wait but not for ever. Can we go to a judge for example and take an embargo against the property and then ask for the property to be awarded to us as he is refusing to pay anything and the studio is only worth 22000.
On my studios and home. Although I was not registered at the town hall that I was living conjunto I can prove through bank statements and a joint bank account in Gibraltar and telephone bills and neighbours etc etc that we did live together as man and wife. If he had not died so suddenly he was going to change his will if I did not get my divorce (complicated). He was going to leave our home to me entirely and Uso Fructo on the others. As it happened my divorce actually became legal two weeks before he died and we had decided to get married in the May (he died in March) in Gibraltar as he wanted my security if anything happened to him before me. He did not want me to spend my money on properties that would go to his children eventually therefore depriving my own children of any money I will leave. Is there anyway being as it is legally his responsability and because of his attitude I can get him to pay the fees or part of them? He has told people that because his father left the property to me Uso Fructo he is going to make sure I go bankrupt and will have to return to Uk and live on benefits for the rest of my life. My partners money was all in UK and he has received all that plus shares, premium bonds etc.
My savings are depleting at an alarming rate.
Sorry for the rant but I am on the point of tearing my hair out as I really cannot afford lawyers having already had to pay legal fees for the acceptance of will and inheritance charge etc. I just need some sensible advice on how to go not only for me but my friend as well as she cannot afford to keep paying community charges for a property that is supposed to be sold by now.
Thankyou
Jacquie