The deceased purchased a dwelling together with the woman, but in the end it was registered solely in the name of the deceased. Both parties signed an earnest money (deposit) agreement, and the deposit was subsequently transferred from the woman’s bank account. However, the deceased, by means of deceit, executed the deed of sale as the sole (100%) owner of the property. They were neither married nor registered partners, and she is not an heir.
What can be done in this situation?
Several legal actions are available:
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Action for contractual simulation (or nullity due to relative simulation) and recognition of co-ownership:
It may be argued that the sale was simulated and that, in reality, ownership was intended to be shared. It must be proven that the true agreement between the parties was to be co-owners and that the registration of exclusive ownership in the Land Registry was a fraudulent maneuver. -
Action for unjust enrichment:
If the existence of a community of property cannot be proven, a claim for unjust enrichment may be brought. This action seeks to recover the money invested in the purchase. -
Claim within the succession (inheritance) proceedings:
If it can be proven that the money constituted a financial contribution by the client towards the purchase of the property, and not a gift, she may seek restitution of that amount within the estate settlement proceedings, bringing the claim against the heirs.
