EXCLUSIVE: Expat mum and son lose Costa del Sol home after courts send legal notices to wrong address and ignore earlier family court ruling

WHEN Victoria Jenkins’ partner Lee did a runner leaving her and their son on the Costa del Sol, she didn’t think life could get any worse.

But the expat family have been evicted after their €320,000 home was sold at auction without their knowledge over an unpaid property tax.

The Essex mum from Chelmsford had moved to Mijas with her partner when their child Samuel was four-years-old.

But when he left to go on a business trip to Indonesia some years back, she never heard from him again.

Her nightmare got worse when it took an incredible three years of court appearances to win full custody of Samuel, now 14, with a judge finally ruling she could stay in the family home until her son turned 18 in 2026.

“I gave up any hope of child support because Lee simply vanished into thin air, but although our home was in his name, it was paid off and I was assured we could stay in it until my son reached his 18th birthday,” she told The Olive Press.

“I just got on with things and tried to bring up my son as best I could,” she said.

Victoria Jenkins And Samuel
Happier times: Photo of Victoria and Samuel getting on with life after abandonment.

Then in November 2020, there was a knock at the door and she was given an eviction notice.

“It turns out that my ex had a €4,000 debt of unpaid ground tax with the town hall so they put a forced sale on it and someone bought it at auction for €25,000.”

Amazed that the house her husband paid €330,000 was sold off for so little, she immediately went to the court to find out how it happened without her knowledge.

“I was told it was a done deal and that this final eviction notice was definitive and that my time to defend it had passed because I had ignored all the previous legal notices.

“I took a private lawyer with me to the court to demand my case file and discovered that all the previous legal notices had been sent to the wrong address. 

“My lawyer said I could appeal because of this but a year later and still no one will listen to me. I keep being told that I am too late. But how can I be too late when I was never informed in the first place?”

Paraiso Riviera Urb Rivera Del Sol Mijas
View of the urbanisation in Riviera del Sol, Mijas where Victoria and Samuel lived.

She was told that she must vacate the property by October 5 this week, but can launch an appeal in Madrid.

That however will take many months and up to 14 weeks alone just to get a legal aid lawyer assigned to her case.

“The judge said I was out of time and that the eviction must go ahead,” she said, sobbing. “I’m packing up our stuff and have no choice but for us to go and stay on a friend’s sofa.”

And so it came to pass when yesterday the previous court order allowing her to stay in the home was completely ignored with the duo being evicted.

“Two court officials, two police officers, the two new owners, a locksmith and some other guy showed up, eight in total, all to make sure that we left the premises,” she added, clearly heartbroken.

“I had my stuff packed up and met them at the gate and was told to go to court tomorrow to get the paperwork if I want to launch an appeal. It was horrible,” she added.

She continued: “It’s a total scandal that our home worth €320,000 can be sold off for just €25,000 for the sake of a €4,000 debt without our even being informed.

“But it’s actually inhumane that they are going to make my son homeless.

“His father abandoned us but I thought that at least we have a roof over our heads but now that has been taken despite a court order promising us another five years.

“I was never even given the chance to stand before a judge and argue my case. This is not justice.”


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