Divorce Who stays in the family home?

  • by Josep Maria Reichardt
  • hace 2 años
  • News
  • 1

Who stays in the family home in case of divorce? Sometimes a cheap express divorce can help couples in need get divorced. Sometimes economic interests cause the dispute to be the use of the family home, since even sometimes the spouses have controversies when the house is mine and my partner does not want to leave.

There can be many questions that can arise in situations in which a couple is living together in the home of one of the spouses and the breakup arrives.

  • Who is the one who should leave the house?

  • The member of the couple who is not the owner or tenant of the dwelling?

That would be logical in cases where one of the members of the couple is the one who has the right to use and enjoy the home.

But it does not always happen that way. Why? For having to analyze case by case and couple by couple.

The great exception is the situation that occurs when a couple has a child, in which the priority ceases to be the couple and becomes the common children.

It will be necessary to analyze whether or not there are children, the economic capacity of both, health status and other issues. As there is no marriage, the property will not be recognized as a marital home, but it can constitute a family home.

Like everything in life, the best of all options is to come to a reasonable understanding. If this is not possible, each and every one of the circumstances will have to be assessed, if possible with a lawyer who is an expert in the matter.

Among other things to take into account we highlight:

  • Who is the owner or tenant of the property (who has the right to own the property).

  • If there are ordinary children.

  • The time and previous agreements of coexistence.

  • If they are a de facto couple, or not.

  • If both are registered.

  • If there are other people with rights to the property.

  • Economic capacity of both.

  • State of health of both.

However, if you are thinking about getting divorced, you should not approach it as a problem but as a situation to manage. If both spouses have the right attitude and hire the right professionals, the process can be easy, fast and cheap. In many cases, it is only necessary to reduce the frictions between the spouses, to explain to them the legal possibilities that exist and to proceed with the processing in the fairest and most reasonable way possible.

In the divorce of a married couple without children, the procedures are reduced. However, in the case of a divorce or separation with children, the priority must be to protect the children.

Having children is such a great responsibility, so we must put aside our own interests and look after those of our children. A cheap and fast express divorce with children is possible without complicating the lives of our children.

Many parents, when faced with divorce proceedings with children, try to show that they are the good ones and that, correlatively, the other parent is the bad one, which is a shame.

In a separation with children, those who separate are the parents and not the parents of the children and that is why we must focus on our direct relationship with the children and on the indirect relationship that depends on us from the other parent with our children.

The better we treat the other parent, the better the children will be. It's a no-brainer, in theory it's simple, but in practice many parents don't know how to separate the drama of divorce from their responsibility towards their common children.

In a divorce with children, the most important thing is not to win the lawsuit and obtain the regulation that is most beneficial for the children, but to establish a regulation that can be applied in a beneficial way for the minors.

The children of separated or divorced parents do not need a specific regulation but a reasonable application of it.

Paternal, maternal or shared custody is not better or worse, they are all positive if they are managed in a positive and constructive way for the children.

A cheap express divorce with children is possible without negative repercussions if it is managed by mutual agreement.

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