Practical guide
Resolve the questions, avoid conflict and move forward on a firm footing. We support you with mediation, legal advice and full discretion.
Why this guide?
When a relationship ends there are many decisions to make. And one of the most important, and also the hardest, is what to do with the house.
Do we sell it? Does one of us keep it? And the mortgage? How do we declare it?
If you are asking yourself these questions, this guide is for you. You will find clear answers, real examples and concrete ways forward to take the step with confidence.
To the most common questions
Step by step
And practical criteria
Professional and impartial
We answer your questions
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You have to look at the purchase deed and the marital property regime:
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Not necessarily. You have several options:
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Yes, if both parties agree. It requires:
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You can apply for a judicial division of the jointly owned asset. But the sensible route is an amicable agreement, with mediation if needed.
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Yes. At the notary, the outstanding debt is paid off with the money from the sale. The bank issues a debt certificate that is included in the transaction.
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According to the agreement between the parties. If there is none, the usual approach is to split it equally until the sale, unless one person is using the home, in which case it can be adjusted.
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Yes, two routes:
Always with the bank's authorisation.
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Yes, if the settlement agreement sets it out. Use can be assigned to one parent until the children are of legal age or financially independent.
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Then it is negotiated between the parties: a temporary use or selling as soon as possible.
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It is best agreed in writing. The usual approach is a 50/50 split, unless one person lives there and takes on a larger share.
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Yes, mainly:
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Each person declares their proportional share. There are deductions if the home was your main residence or if you reinvest in another. An advisor helps you optimise it.
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Yes, though it is advisable that the settlement agreement is signed or that there is agreement between the parties. If there is conflict, a judge may need to step in.
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The agent acts as a mediator and brings a professional valuation, with real market data, as an objective basis for deciding.
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If one owner blocks the sale without cause, the other can apply through the courts for a forced sale (division of the jointly owned asset).
Full service
We help both parties reach balanced agreements with complete impartiality.
Our lawyers handle the extinction of joint ownership, the settlement agreement and the notary paperwork.
Data analysis to set the fair price without arguments.
We reduce taxes and apply the legal deductions available.
We coordinate the loan cancellation or transfer with the bank.
We sell soon and at a good price with professional photography and wide exposure.
We support you with mediation, legal advice and full discretion.
Request confidential advice