HOW CAN I GET MY PROPERTY BACK AFTER A DIVORCE IN SPAIN?
If you lost the use of your main residence due to a Divorce in Spain, this is the blog you should read.
Can I get my main residence after a divorce in Spain?
The answer is yes.
If your ex-partner was allowed to live at the main residence at the divorce sentence, you can modify this judicial resolution.
How can I get back my main residence after a divorce in Spain?
There are some reasons why you can modify the divorce resolution and get the use of the main residence.
There are 3 reasons where you can recover the use of the familiar residence:
- NEW PARTNER: If your ex-partner is living with a new boyfriend or girlfriend at the habitual residence. In this case, the property is not considered “main residence” anymore, and you can ask for the use of the family house.
- OFFSPRING WITH LEGAL AGE: If your children are more than 18 years old and they are able to be independent, the main reason for maintaining exclusive use is lost.
- CHANGE IN ECONOMIC SITUATION: If the parent who uses the habitual residence improves his/her economic situation or acquires another property, you can request a modification and get the use of the property.
How can I recover the family residence after a divorce in Spain?
FIRST: You need to be assisted by a solicitor. We recommend you to hire the services of a solicitor in Spain.
SECOND: You will need proofs. It would be convenient to get evidences such us testimonies, documents, reports, etc.
THIRD: You need to submit a “modification lawsuit” at court which must be signed by a procurator and solicitor.
FOURTH: Although you need to submit a lawsuit at court and go to a hearing against your ex-partner, there are cases where solicitors can get a deal by negotiating before the date of the hearing.
Which legal articles allow me to recover the main residence after the divorce in Spain?
As we have just said, Law and Jurisprudence allow one of the parents to recover the family residence after the divorce.
The articles which allow the modification are:
- Article 96 of the Civil Code: The article grants the use of the home to the spouse with custody of the children, but allows for modification if there are significant/relevant changes.
- Article 101 of the Civil Code: The article indicates that the compensatory pension is extinguished if the beneficiary begins a stable cohabitation with another partner.
- Jurisprudence of High Court: The sentence of the High Court (“Tribunal Supremo”) dated 9th February 2012 said that “if one of the parents lives with a boyfriend or girlfriend in the property and the relation is public and permanent, the sentence can be modified”.
REUTERS SOLICITORS can assist you with the modification of the habitual property use.
Do not hesitate to contact REUTERS SOLICITORS for free consultation.
