What happens to our home in a divorce?

When we buy a house with our partner we are at a very important moment in our lives and we do not think that a day may come when we want to get divorced and have to decide what to do with said home. When a couple breaks up and divorces the house it is a complicated issue to deal with, however if we talk about it from the beginning it can save us more than one problem in the event that the divorce occurs.

As we have mentioned before, there are a series of procedures that can help in the long term. They are relative documents that should not be tied to sentimental values ​​as they can save us time and money in the future.

The first thing we recommend is to do marriage certificates, is a contract or document that establishes the economic relationship that will exist in the marriage. The economic regime of your marriage may be stipulated, modified or replaced.

There are three different types of economic regimes in Spain: The community property regime (establishes that the benefits or gains that are achieved during the marriage are common to both. It is shared equally) the regime of separation of assets (each individual retains ownership of all their assets separately) and finally the participation regime (Each individual has the right to participate in the profits obtained by the other).

Another document that is usually heavy and not recommended is the will (declarations of the last will of a person, disposing of assets). This is not recommended since it is a document that can have a lot of emotional charge.

If the house is for rent

This first scenario is the simplest of all since the house does not belong to any of the individuals. The most common is to speak with the landlord to inform him, either to continue one of the two or to end the rental.

Nor does it affect the children if there were, it is best for each member of the couple to look for a new home.

The Urban Leasing Law establishes some obligations to the tenant who divorces with respect to the lessor; if they do not comply, they can have consequences such as the resolution or termination of the lease.

Property of both and divorce between

When a couple divorces, one of the problems is what they are going to do with the family home. This can be very complicated, that's why at the beginning of this post we recommend doing marriage contracts.

In these cases, there may be agreements to sell the house, the first thing you will have to do is agree on the price of the house; If there is no agreement, you must carry out an appraisal of the property, what is obtained must be distributed 50%.

Another option in case one of the individuals wants to keep the house is for the other person to give him his part. Once the solvency of the interested person has been seen, a change of conditions will be made in the mortgage. Another possibility would be to cancel the mortgage and establish a new mortgage loan with another entity.

It can also happen that a court ruling is made whereby one stays with the home for the care of the children. This implies that the bank does not eliminate one of the holders, so it is still obliged to pay it.

Buy a house before marriage

Here the divorce does not affect much, that is, if there are no children involved, the house will belong to the one who bought it before the marriage and it must be the other spouse who leaves the house.

If there are children involved, the first thing is to watch over them. In this situation, it may be the case that the owner must leave the house to give it to the children and to the other member of the couple, because they have custody in case of divorce, whether shared or sole. He only gives up its use since the property remains his, in no case can the house be rented.

It can also happen that the house belongs to the parents of one of the spouses, even so, the other part of the couple could stay with the grandchildren and not their son.

Buying a home after marriage

This is the most common and what happens the most, normally when a couple joins in marriage they decide to buy a house. If the house has not yet been paid off, they must continue to pay the mortgage in the event of divorce and agreement. Even if they pay the mortgage, only one of them can live in the house.

If an agreement is not reached, the most normal thing is to undo the joint property (marital economic regime in which one of the members pools and divides the profits obtained in equal parts). Later it may be that one of them buys half of the house from the other or sells the house and each one looks for a new house.

Another option would be for one of them to buy 50% of the other and register the property as the sole owner. If no agreement is reached, they must sell the house and share the profits.

In the case of having a home and wanting to put it up for sale, or ending your marriage and looking for a new home for yourself, we can help you with everything you need for both procedures. Thanks to our extensive experience, in Remax Estrella We have the skills and tools to make what you need possible. We will wait for you!

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