Divorce: I lived in the home for years but it is not in my name. What are my rights in Catalonia?
Family home, right of use, financial compensation and mortgage payments: the rights of the non-owning spouse in a Catalan divorce.
It is very common: a couple lives for years in a home owned by only one of them. Under Catalan separation of property, the home belongs to whoever is on the deed. But the other spouse is not without rights.
1. The owner cannot sell without your consent
While it is the family home, the owner needs the other spouse's consent or a court authorisation to sell or mortgage it (art. 231-9).
2. You may be granted use of the home
If you have custody of minor children, the court usually gives you temporary use of the family home, even if you do not own it (art. 233-20).
3. Financial compensation for work
If you devoted substantially more time to the home or family and the other spouse's assets grew more than yours, you can claim up to a quarter of the difference between your increases in wealth (art. 232-5).
4. What you paid
Mortgage instalments or works paid with your money on the other's home can be claimed back, if you can prove them.
Recommendations
- Gather statements, receipts and invoices before negotiating.
- See a family lawyer before signing any agreement.
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Sources: Catalan Civil Code, book two (arts. 231-9, 231-15, 232-5, 233-20), Barcelona city council (IIVTNU), Catalan Tax Agency. General information: every family situation needs a lawyer's advice.