When a couple gets divorced, one of the most important decisions is what happens to the family home.
In many cases, custody of the property is awarded to one of the spouses—usually the one who has custody of the children—in order to preserve their stability. So far, everything seems clear.
But reality doesn't always stay the same.
When circumstances change… the law may change as well
It is relatively common for the spouse who leaves the home after a divorce to continue covering some of the expenses, such as the mortgage, while their former partner continues to live there.
The conflict arises when a new couple enters the picture.
If the home that served as the family residence is shared with a third person, the nature of its use may change.
And this is where a key principle of our legal system comes into play.
The turning point: the Supreme Court's ruling
He stated that the presence of a third person in the home could result in the loss of its status as a “family home.” Why?
It no longer fulfills the purpose for which it was granted: to protect the interests of the family, especially those of the children.
When that essence disappears, the right of use may expire.
What can you do in this situation?
If you find yourself in a similar situation, there are several legal options you can consider:
- Request the termination of the right to use the residence.
- Propose selling the property, especially if there are co-owners.
- Claim financial compensation for your ex-partner's exclusive use of the property.
This is not an automatic decision. Each case must be examined in detail, taking into account factors such as the children’s circumstances, the property arrangement, or the terms set forth in the divorce decree.
Beyond the Conflict: The Importance of Mediation
Before resorting to litigation, there is an alternative that is often much faster, more cost-effective, and more efficient: mediation.
In situations like these, where emotions, assets, and decisions about the future are at stake, having professional guidance can make all the difference.
Mediation allows for:
- Break through deadlocked situations.
- Reach balanced agreements between the parties.
- Avoid lengthy and costly processes.
Beyond Divorce: Protecting Your Assets
Many people continue for years to pay for a home they don’t live in, unaware that the law provides for situations in which this arrangement can be reviewed.
Cases like this highlight an important point: decisions made at a specific point in time are not set in stone if circumstances change.
Conclusion
The right to use the family home is neither absolute nor permanent.
When the circumstances that justified it change, the legal situation may also change.
Understanding these nuances not only helps you avoid unfair situations, but also allows you to make more informed decisions about your finances.
Are you in a similar situation?
At AMA Lanzarote Real Estate, we don't just help you sell or manage your property.
We also facilitate mediation in these types of situations, working with both parties to find fair, viable, and sustainable solutions.
Feel free to contact us with no obligation.
Sometimes, a timely conversation can prevent years of wear and tear.
Because when life changes… you have to know how to adapt.