One data point that has caught our attention and directly affects the real estate sector is that, according to the General Council of the Judiciary (CGPJ), in the second quarter of 2023, a total of 24,404 divorces were registered in our country.
A process that can be complicated, especially when aspects such as the management of shared assets, such as the family home, are involved.
Selling a home in case of divorce
Opting to sell the family home to a third party is one of the options that are often considered after a separation. A decision that is directly linked to the type of matrimonial regime at the time of divorce.
Sale under the community property regime
In a community property regime, all assets and benefits acquired by the spouses during the marriage are shared property, which includes, for example, the family home, where each has a 50% stake.
To carry out the sale of a property under this regime, it is necessary to follow three steps:
- Conclude the community property regime: this is achieved by signing the divorce settlement agreement, which determines the personal and economic implications of the marital dissolution.
- Distribute the property: if there are two properties, each party receives one. If there is only one home, it is divided equitably, and each party receives half.
- Proceed with the sale: after properly distributing the property, the sale of the property can be carried out under standard conditions. However, this is provided that there is consensus between the parties to proceed with the transaction.
Venda en règim de separació de béns
When entering into marriage under the separate property regime, each individual owns their share. Money is divided based on the percentage of ownership stated in the deeds.
Thus – if both parties agree – the sale can proceed without the need for extra procedures beyond requesting the divorce.
Sale under the domestic partnership regime
If a domestic partnership is established and there is jointly owned real estate, it can be marketed without facing significant obstacles.
It is sufficient to find a buyer and have the assistance of both partners for the signing of the sales contract. Afterwards, the income from this transaction is divided according to the percentage of ownership corresponding to each, as registered in the deeds.
Divorce situations with children
In circumstances of separations without minor children, the home is divided between both parties according to the rules of the matrimonial regime under which they were married.
When there are minor children in common, a judge determines both the custody of the child and who gets to keep the family home (usually the custodial parent). In cases of shared custody, the member with fewer resources retains the family home.
Scenario where one spouse refuses to sell
Regardless of the applicable matrimonial regime, it is necessary for both members of the dissolved couple to sign the documents related to the sale of the property:
- The earnest money contract
- The deed of sale.
However, if one of the two insists, there are methods to drive the transaction forward, although these alternatives may not be the most economically beneficial.
- Termination of joint ownership: one of the ex-spouses keeps the house, while the other transfers their participation.
- Sale of undivided interest: facilitates the sale of the share or interest in the property to an external party.
- Division of the common property: this is a legal process that often ends with the property being publicly auctioned.
Sale of a property mortgaged due to divorce
If the property is mortgaged and both parties decide to sell it to a third party, it is possible to carry out the sale in a standard manner and use the proceeds from the transaction to pay off the mortgage.
Any remaining profit is distributed equitably between the two, according to each one’s participation.
Now is the time to sell your property with ATIPIKA
As we have just seen, selling a home in divorce situations can be less complex if the appropriate procedures are known and followed. It is also essential to have the support of professionals.
At ATIPIKA – a real estate agency specializing in the luxury sector – we are committed to ensuring maximum profitability.
To ensure you receive optimal service quality, our team of specialized professionals will provide you with the personalized and honest treatment you deserve. Additionally, we offer:
- Effective marketing through client filtration.
- Presence in the best specialized media.
- Constant communication.
- Legal, tax, and financial advice.
After valuing thousands of properties, we invite you to discover the approximate price of your property now with our unique valuation system, here.
Feel free to visit our real estate offices. You will find us at:
- Passeig de Gràcia 20, 2º 1ª – Barcelona.
- Carrer Saragossa 1-2, local 19 – 20 – Castelldefels.
- Avinguda de Fort de l’Eau, 64 – Maó.
