by Jesus Barrena 
We will see in this article if legally you can live in the same house being separated.
statutory regulation
The Civil Code in Spain regulates this situation after the separation of the spouses in its article 87, where it refers to 82, as we will see below.
Article 87 of the Spanish Civil Code refers to the divorce procedure by mutual agreement and the possibility in these cases to process it before a notary.
In accordance with Article 87 of the Civil Code: “The spouses may also agree on their divorce by mutual agreement through the formulation of a regulatory agreement before the Court Clerk or in a public deed before a Notary, in the form and with the content regulated in article 82, and the same requirements and circumstances must be met. in the. Diplomatic or consular officials, in the exercise of the notarial functions attributed to them, may not authorize the public deed of divorce.”
When you referred to Article 82 of the Civil Code, we reproduce it below: "1. The spouses may agree to their separation by mutual agreement after three months from the celebration of the marriage by formulating a regulatory agreement before the lawyer of the Administration of Justice or in a public deed before a Notary, in which, together with the unequivocal will to separate , will determine the measures that have to regulate the effects derived from the separation in the terms established in article 90. The diplomatic or consular officials, in exercise of the notarial functions that they have attributed, may not authorize the public deed of separation. The spouses must intervene in the granting in a personal way, without prejudice to the fact that they must be assisted by a practicing lawyer, giving their consent before the lawyer of the Administration of Justice or a notary. Similarly, older children or emancipated minors must give consent before the lawyer of the Administration of Justice or Notary regarding the measures that affect them due to lack of their own income and living in the family home. 2. The provisions of this article shall not apply when there are children in the situation referred to in the previous article.”
Mutual agreement
When the spouses agree on their divorce by mutual consent through the formulation of a regulatory agreement, they can agree on the extremes that we are studying here. They may live together in the same place, prior express agreement by both parties.
In situations where, due to economic issues, both spouses have difficulty surviving in adequate conditions on their own income, and provided that the breakup has been consensual, this is an agreed solution that in a certain way helps both parties to continue with their lives in the best possible way. way.
It is important to understand that in the case of a separation by mutual agreement, it will always be easier, less expensive and less traumatic for the parties; that is why whenever a consensus can exist, it will be better for everyone.
Regarding the marital domicile in the regulatory agreement and always by mutual agreement or judgment for the contentious, it will be necessary to establish the adjudication of the habitual residence that, if applicable, is made of the use of the domicile in favor of one, neither or both spouses, without However, in the latter in different periods.
Conclusions
It is perfectly legal for two separate people to live in the same house, but care must be taken and reserved for cases in which there is no other option and focusing on it as a strictly temporary situation, as it can be a source of tension and conflict.
El Divorce notarized it can be managed as long as there are no minor children, otherwise, it will have to be managed in the Court. Despite this, it will always be better by mutual agreement than by contentiousness.
It is advisable to have the advice of a professional who will legally advise on the rights and duties of the parties, as well as ensure their greatest well-being.
