The woman who has occupied a home in Son Ferrer since 2022 has filed a legal document opposing the eviction, following a ruling that denies her the right to remain in the property.
The woman who has occupied a home in the Son Ferrer urbanization in Calvià since 2022 has taken a new step in the legal battle she maintains with the legal owner of the property. Through a document submitted to the court, the occupier has expressed her opposition to the eviction request made by the owner, José Jiménez, after obtaining a favourable ruling.
The ruling, issued by a court in Palma, concluded that the occupant "does not have the right to remain in the property subject to this procedure." However, the woman's defence, led by lawyer Sara Gómez, argues that the eviction request is "manifestly premature, inappropriate and contrary to the currently applicable regulations."
The situation has generated great indignation among the residents of Son Ferrer, who know the affected party and his long legal journey to recover his property. José Jiménez acquired the home at an auction in 2024, but since then he has been unable to take possession of it due to the occupation.
The occupier, who resides in the house with her minor daughter, claims a situation of "residential vulnerability" to justify her stay. In the document, her defence argues that "the property subject to the procedure constitutes the habitual and permanent residence of the family unit" and that they lack sufficient income to access another home on the market.
Furthermore, the defence argues that the occupation was not illegal from the outset, as the woman "gained access to the property with the authorisation of the then-owner," involving a rental relationship. However, the ruling from the Civil Court casts doubt on this version and states that the documents provided are insufficient to justify the occupation.
The owner, for his part, has attempted to dismantle the occupier's arguments by providing evidence from a private investigator and evidence from her social media, which links her professionally to the real estate sector. This evidence seeks to demonstrate that the situation of vulnerability is not as claimed.
The occupier requests the court to "agree not to set or carry out the eviction until the situation of vulnerability of the family unit is expressly resolved." She also asks for this vulnerability to be recognised, which would halt any eviction attempts.
The case has highlighted the complexity of occupation processes in Mallorca, where legal owners often face lengthy judicial procedures to recover their homes. In this case, the owner has been dealing with the Justice system for months to assert his property rights.
The residents of Son Ferrer have shown their support for José Jiménez, whom they consider a victim of an unjust situation. Some residents have expressed their discontent with the occupier's defiant attitude, which has at times included proposing to the owner to pay her 30,000 euros in exchange for leaving the property.
The next step in the process will be the court's resolution on the eviction request. If accepted, a date will be set for the eviction, although the occupier can still appeal. In the meantime, the property remains occupied and the owner continues to be unable to enjoy his property.
This case reflects the difficulties faced by property owners in Mallorca due to occupation, a phenomenon that has led many to call for legal reform to expedite evictions and protect property rights.
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