In life, things don’t always endure, not even the Pyramid of Khufu. Love, like everything else, can reach its conclusion, posing additional challenges when sharing a home as a family. In Catalonia, where most marriages opt for the separate property regime, the dissolution of the union involves the individual preservation of each spouse’s heritage and proportional contribution to family responsibilities.
For properties acquired before marriage or in the name of one of the spouses, separate property ensures that the owner retains ownership. In contentious divorces, however, a judge may allocate the use of the property to the other party for various reasons, either because they will take care of the children who must continue living there or because they are in a vulnerable situation. However, financial responsibilities, such as the Property Tax (IBI), will still fall upon the owner or titleholder.
When a property is acquired jointly, each spouse owns a specific share according to the deed of sale. In many cases, the solution is to sell the property and divide the profits, even if there are children involved, as shared custody is often the preferred option. Determining the sale price can be a challenge, but our online valuation tool can provide a preliminary estimate. It is a property appraiser created by Grup Living (Living Sitges and Dust&Sand Luxury Homes) for a quick, free online appraisal in less than two minutes.
In some cases, a spouse may choose to buy out the other’s share, avoiding the complications of moving. This process can be carried out through a conventional sale, donation, or termination of joint ownership. The termination of joint ownership is common, as it avoids additional taxes but incurs minor costs such as the tax on documented legal acts and notary fees.
When selling to third parties is the option, it can be done at any stage of the divorce process if there is an agreement. In contentious cases, one must wait for the judge’s resolution. Making decisions during a divorce can be challenging, but seeking the assistance of professionals like Dust and Sand Luxury Homes can streamline the process and expedite the sale.
Selling the family home during a divorce involves significant emotional and financial considerations. Living in the same place after separation can be uncomfortable, and covering the expenses of two properties can be challenging. Patience is key, but seeking guidance from experts can shorten the time and maximize results. At Dust and Sand Luxury Homes, we urge you not to rush, to receive proper advice, and to understand that selling your home has a considerable impact on your life.
Are you considering selling your family home during a separation? Contact us for information without obligation and navigate this challenging yet important journey together! We will be delighted to advise you on the sale price and all the legal considerations you need to address.
