Five solutions and one idea for a better divorce

According to INE data, around 100,000 couples separate every year in Spain. If we add to this the fact that the majority of homes are bought "as a couple", it is logical that one of the usual motivators for the sale of a household, be it divorce or separation.

In case of divorce / separation, what do we do with the house?

There are basically 5 alternatives:

1. Selling the house in common to a third party and start a new life in a new home. This is undoubtedly one of the most emotionally healthy options. 
    
2. Preserving housing The property is owned by both partners, but rented to a third party, i.e. conceptually transformed into a joint asset, or a "half-investment" that should bring a certain return to the owners. This option inevitably requires the ex-couple to be able to relate to each other normally. It is also advisable for the rental management to be carried out by an administrator, to avoid one of the two owners having to take care of it.
    
3. Making an internal rentalIn other words, one of the partners becomes the tenant of the property of which he or she is the co-owner. In this case, it is essential that the tenancy agreement be drawn up in a way that is consistent with the law and that the contract is properly regulated.
    
4. Conduct an internal sale and purchasei.e. one of the former spouses buys the other spouse's share. In this scenario it is imperative that the valuation of the property is objective, fair and agreed between both parties. The feeling of having "mis-sold" or "mis-bought" can lead to unhealthy and easily avoidable resentment. However, sometimes this is not possible for various reasons, the most common being that neither of the ex-partners can afford the mortgage.
    
5. Transitional solutions. Given that separations are often complex processes, especially when the couple have children in common, more creative options such as the so-called "nest floor".The common household becomes the "home" of the children. In this case, the children do not move out of the house and it is the parents who alternate their stay in the home. This solution is only suitable for cases of shared custody, but it is clearly outdated, as there comes a time when the evolution of the divorced couple's lives and the lack of roots in the home make them feel uncomfortable in this "no man's house". On the other hand, the economic cost of maintaining 3 dwellings is usually unsustainable. However, it is a temporary solution with many advantages.

In any of these scenarios, it comes into play that Separation or divorce processes take place in an emotionally complex and sensitivity-infested context, which is the worst-case scenario for correct decision-making. In Monapart we have observed and experienced it too many times: uncoordinated and contradictory sales strategies, highly conflictive purchase and sale operations, and in short, more fuel to the fire that contributes to worsen the relationship between the ex-spouses. On the other hand, those ex-couples who have relied on our advice in a consensual manner, have had much smoother and more fruitful sales experiences from a strictly economic point of view.

Our experiences in this regard (the good and the bad) have led us to create the Mediation and Dissolution of Estates Servicean innovative format of real estate advice specially designed for couples in the process of separation or divorce to receive expert, empathetic and - above all - useful support, to properly close a stage and start your new life in the best (real estate) situation possible. To this end, we have been able to count on the collaboration of a generous group of matrimonial lawyers who have enlightened us on the hot spots of divorce proceedings and have helped us to shape a service fully adapted to their complexities.

We are prepared to provide valuable solutions to help dissolve the joint property assets in the best possible way, without this entailing a higher financial cost than is usual in the sale of a property.