Albos Law obtains a judicial authorization for the sale of the property of a disabled person, in favour of a family member, in order for him/her to have liquidity for his/her care and needs (Rule no. 279/2022 of March 17, 2022 issued by the Court of First Instance No. 40 of Barcelona).

Paragraph 1 of Art. 222-43 of the Civil Code of Catalonia (CCCat) states that the guardian and the patrimonial administrator need judicial authorization to: ”a) Dispose of real estate, commercial establishments, intellectual and industrial property rights or other assets of extraordinary value, as well as encumber them or be subrogated to a pre-existing encumbrance, unless the encumbrance or subrogation is made to finance the acquisition of the asset (…)”.

In relation to this, and for the judicial body to authorize the alienation or encumbrance, it is necessary, in accordance with art. 62 Voluntary Jurisdiction Law (LJV), that the requesting party is entitled to do so, that he/she expresses the reason for the sale or lien as well as the purpose to which the sum obtained should be applied, that he/she justify the need or usefulness of the sale and that it is heard by the Public Prosecutor. Specifically, the justification of the necessity or usefulness of the alienation is essential and requires the examination of the personal and patrimonial situation of the person subject to the guardianship institution.

In the case managed by our firm, it has been crucial to provide an expert’s report and updated valuation on the property, as well as supporting documentation of the real needs of the disabled person, which justified the sale of the undivided part of the property owned by the administered.