Stuck with a spouse who does not agree to sell the house? There may be a way out

Few arguments are as practical, and as emotionally charged, as deciding what happens to the family home after a breakup. One person may want to move on quickly and sell. The other may prefer to stay, wait, or simply say no. In real life, that single word can freeze a situation for months. This is where the idea of co-ownership becomes important.

Under Spanish Law, when a property belongs to two people, neither of them is usually forced to remain tied to it forever. In other words, a co-owner can ask for the end of the co-ownership relationship, at any time, even if the other owner is not willing to cooperate. In plain terms, this means the law provides a way out when common sense and negotiation are no longer working.

Sometimes, this request to divide the property can be handled alongside divorce proceedings, which might make the process faster and more straightforward. However, whether this is possible depends heavily on the marital property regime. People often assume that “everything is shared anyway”, but that is too simple. In Spain there are basically two marital property regimes.

• Community property (“gananciales”), which means that most assets acquired during the marriage belong jointly to both spouses. This is the default regimen in Spain.
• Separation of assets which means that each spouse owns individually the property they acquire. This regime is similar to the default marital property system under which most British couples are married.

In these cases (couples married under separation of property) the division of jointly owned property can generally be combined with the divorce itself. Doing both at the same time can save time, reduce legal costs, and avoid having to go back to court multiple times. Turning what might be a drawn-out series of legal steps into a single, more manageable process.

At White-Baos Lawyers we are experts in Family Law, contentious divorce proceedings and property. If you are thinking of getting a divorce, and you fear facing this kind of deadlock, reach out to us today for expert legal advice.

You may be interested in the following services and articles:

Why seeking legal advice before marriage is essential. Spain. Joint assets. Separate property. Mortgages and rental income. Expert legal advice

Compensation in case of divorce and separation. Art. 1438 of the Spanish Civil Code. Compensatory allowance. Domestic work. Family law. Expert legal advice.

Divorce maintenance or alimony under Art. 97 of the Civil Code. Separation and divorce. Economic imbalance. Family law. Expert legal advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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