Buying a home ranks among the most significant decisions couples face together, built on the shared dream of happiness. Yet love alone rarely smooths every obstacle. In 2021, divorce filings reached 93,505, up 2.7% from the previous year, highlighting how property matters can complicate relationships. When a house is at stake, dividing assets becomes tricky, especially if one partner wants to sell and the other does not, or if a mortgage ties the outcome to a single loan.
Experts emphasize addressing the financial consequences of separation before it happens. As Abel Marín, partner at Marín & Mateo Abogados, notes, marriage contracts that define economic consequences in case of separation should be notarized. If these documents are overlooked, the default regime set by local law may apply. In Catalonia and the Balearic Islands, estate segregation is common, while many regions operate under a community property regime. In those cases, both partners typically share equally the benefits earned during the marriage.
After a divorce is finalized, several paths exist: selling to a third party, transferring ownership to one party, or leasing the property. The decision to sell begins with establishing the property’s value. In most cases, an agreement is reached. If disputes arise, the matter can go to court with a valuation firm involved, potentially resulting in an auction and a lower sale price. This risk is often weighed against the time and emotional cost of prolonged negotiations.
For couples where one person wants to keep the entire home and the other wants to relinquish their share, there are financial mechanisms more advantageous than a straight sale. In a regime of property separation, a condominium exemption may be chosen. This option is taxed only for Documented Legal Actions between 0.5% and 1%, according to Goenaga of Círculo Legal Barcelona, while the transfer tax on a sale can be as high as 10%. Such arrangements also reduce other costs like municipal capital gains. The buyer pays compensation to the exiting owner and records a mortgage in their own name. Complications often arise with mortgages: banks may resist switching from two guarantees to one or may demand additional guarantees. In some cases, one party ends up temporarily homeless yet remains the owner, and if the other stops contributing, it could impact the non-occupying former partner. The prudent move is to cancel the existing mortgage and arrange a new one under a different legal entity.
When selling is not feasible, a joint venture sale becomes a possibility. This means selling a portion of the home to an ex-partner or a third party. An outside buyer typically seeks partial ownership, which tends to be speculative and can depress the price compared with full ownership. Such arrangements can create opportunities or trigger conflicts, since partial ownership lacks full control.
Maintaining shared ownership can also bring friction. Ongoing costs like leaks or municipal taxes (IBI) can drive tension. The partner who continues to live in the home may be left carrying expenses that the other party does not contribute to, generating resentment.
when there are children
Separations involving children present one of the most intricate scenarios, with housing outcomes closely tied to custody arrangements. If a transaction could threaten the child’s welfare, a judge may block the sale. In practice, the home is often used by the parent who retains custody for a period of time. When custody is shared, courts decide who can benefit from the residence unless the parties reach an agreement. In some cases, the home remains in one parent’s name while custody is granted to the other, and the residence is used to maintain financial stability for the child as they grow. Even when the property is divided, it may be split into two independent dwellings with neighborhood consent, though disputes among neighbors can still arise. The overarching goal is to minimize conflict while safeguarding the child’s well-being.
Ultimately, custody arrangements and the legal framework surrounding property division shape every decision about the family home. The options range from continued joint ownership to partial sales or carefully crafted exemptions, each with its own tax and financial implications. The focus remains on protecting the child’s interests while ensuring the spouses can move forward with financial clarity and emotional peace.