Negotiation and significant litigation due to its complexity.
Case: Legal actions and complex negotiation of shared property split.
Highlights of the case:
- Division of a commercial building of 7 floors.
- Division between two proprietors, brothers to each other. Each one married under the spanish economic regime of marriage society -sociedad de gananciales-, and belonging the building to its respective marriage economic societies.
- One of the brothers was taking years with lawsuits against his ex-wife, trying to liquidate his marriage economic society. My client was the non-separated brother.
- In addition to the building, the brothers had other common businesses affected by the liquidation of the marriage society of one of them.
- In agreement with 2 architects, a proposal of division of the building is settle down.
Particularities of the process:
The lawsuit was won in 1st Instance. My client, once won the lawsuit, reconsiders the division model, does not consider it appropriate, and according with his architects proposes a second model of division.
We negotiate with the opposite party and reach at a judicial transaction in which the new model of division is accepted by both parties; and finally the division model of the building is materialized.