ENGLISH DIVORCE PAPERS: PROBLEMS WITH CHANGING THE SPANISH PROPERTY INTO MY NAME
Question.
I have a property in Almerimar in joint names with my ex-husband. The English divorce papers state that the property (identified with it´s address ) is to signed over to me.
Finally yesterday at the notary I realised that the address in my deed has a different street name then what appears on the divorce papers (the correct one is the one on the divorce papers that I provided to the court). The conclusion has been that the notary did not allow us to sign . I am getting to the end of what I can actually cope with as we previously where not allowed to sign because we where lacking the Hague´s Apostille and official translation stamp on the documents and a second time because we where told we needed power of attorney from my ex-husband if he was not going to be present. And now instead of third time lucky another problem.
Answer:
The problem has arised because on the English divorce papers they have used a postal address (which in Spain can change )instead of property register details which is what we always use to identify real estate on public documents that require access to a property register.
Obviously the town hall at some point has changed the name of the street. (this happens every known and again when for example they wish to name a street after somebody famous or considered to be worthy of such distinction by the local council.
In any case their is no need to have the English documents changed now. All you need to do is satisfy the notary and registrar that the address stated on the deeds and the divorce papers actually correspond to the same property. This is easy to do . You visit the town hall and ask them to certify that the street now known as (the name on your divorce papers ) used to called (the name on your deeds). The same would work if it is the numbering of the street that has changed.
If this is not accepted, before trying to change the paperwork in the u.k. and starting over again I would suggest trying a different notary.
I have used this system on various occasions withoght any trouble.
