Housing and Residence in a Mutual-Agreement Divorce

How housing matters are handled in a mutual-agreement notarial divorce: spouses already separated, owned property, rented, or third-party housing.

Housing in a Mutual-Agreement Divorce

The housing situation is one of the matters that must be addressed in the regulatory agreement (convenio regulador) of any mutual-agreement divorce. In a notarial divorce, the spouses freely agree on how to handle the family home.

Main Scenarios

Both spouses already live separately

If the spouses already live at different addresses, the agreement simply records this fact. Each spouse continues at their current address.

Owned property — one spouse stays

If the family home is owned (by one or both spouses), they can agree that one spouse will remain in the home. The agreement should specify the terms (indefinitely, for a set period, etc.).

Owned property — property is sold

The spouses can agree to sell the property and divide the proceeds according to their agreement.

Rented property

If the home is rented, the spouses can agree on which of them will remain as the tenant, or whether both will leave.

Third-party housing

If the home is lent or belongs to a third party, the agreement should record the situation and what each spouse will do regarding housing.

Madrid Residence Requirement

For a notarial divorce with Divorcios.express, at least one of the spouses must be registered (empadronado) in the city of Madrid. This is a requirement for the process to be handled by a notary in Madrid.

What Divorcios.express Handles

During the data entry phase, the client provides information about the housing situation. Divorcios.express incorporates these details into the regulatory agreement, ensuring that the agreed terms are properly reflected.

Conclusion

The housing arrangement in a mutual-agreement divorce is freely agreed by the spouses. The regulatory agreement must clearly reflect the arrangement chosen. Divorcios.express helps you formalise these agreements correctly.

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