Separation and divorce
Separation with distributed use of the home until its sale
Selling your common home can take time and force you to agree to a temporary cohabitation. In this agreement of separation, it was proposed that each spouse use independent areas of the property while the sale was being prepared, with rules on expenses, common spaces and marketing.
How provisional use was organized
The proposal started from a property that allowed differentiated accesses and areas. The residential areas were distributed and an alternative use of certain common spaces was foreseen, with the commitment to respect the private life of others.
This use agreement was not equivalent to legally dividing the property into two properties. An internal layout needs to be viable in terms of security, supplies and daily operation, as well as compatible with the titles and regulations applicable to the property.
The sale was also regulated
The text did not simply indicate that the house would be sold. It included forecasts about the time of sale, the choice of intermediation, the attendance of visits and the review of the price if no buyer appeared.
When drafting such an agreement it is worth checking what happens if one party does not facilitate marketing, rejects offers or wishes to sell sooner. If the calendar is linked to tax advantages, these require a specific check: a reference to the agreement does not prove that there is an exemption applicable to both.
Common expenses and needs of adult children
The agreement distinguished property and use expenses and provided for an account for certain payments. In addition, it included a contribution related to adult children still in the home and a commitment regarding the liquidation of assets.
To prepare a similar solution, the deed, charges, receipts and a valuation of the property are useful. Amounts or distribution criteria, dates and a mechanism must be specified to get out of the transitional situation. The proposal described is a formula agreed upon for certain circumstances; not a general obligation to share housing after separating.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.
Civil Code effects of separation and divorce · BOE ↗ (opens in a new tab)