Practical Guide

Selling your Home after a Divorce

Resolve your doubts, avoid conflicts and move firmly towards a new stage. We accompany you with professional mediation, legal advice and maximum transparency.

Why do you need this guide?

Important decisions at a delicate time

When a relationship ends, there are many decisions to be made. And one of the most important —and at the same time most difficult— is what to do with the house.

Do we sell it? Does one of the two keep it? What if there is a mortgage? How do we manage it with the Tax Office?

If you are asking yourself these questions, this guide is designed for you. Here you will find clear answers, real examples and solutions that will help you take the step with confidence.

Clear Answers

To the most frequent doubts

Detailed Process

Step-by-step breakdown

Alternatives

And practical tips

Advice

Trusted professional

We resolve your doubts

Frequently Asked Questions

About the Property

What percentage does each one have?

faq_solution:

Check the purchase deed and the economic regime of the marriage:

  • Community property: Usually it is 50% each
  • Separation of property: It depends on what appears in the deed
Senda Hogar helps you: Our legal department reviews your deed and clearly explains your property situation.

Are we obliged to sell?

faq_solution:

Not necessarily. You have several options:

  • Sell and distribute the money
  • That one keeps the home (buying the other part)
  • Agree on a temporary usufruct (for example, until the children grow up)
Professional mediation: We facilitate balanced agreements with objective market data.

Can one stay with the house?

faq_solution:

Yes, if both parties agree. It is necessary to:

  • Sign an extinction of joint ownership at a notary
  • Financially compensate the other owner
  • If there is a mortgage, assume it or renegotiate it with the bank
AI & Big Data Valuation: We determine the exact value of the compensation with real-time market analysis.

What happens if one doesn't want to sell?

faq_solution:

A judicial division of the common thing can be requested. But the ideal is to reach an amicable agreement, with professional mediation if necessary.

We act as impartial mediators: We provide objective data and balanced proposals to avoid the judicial route.

About the Mortgage

Is there an outstanding mortgage? Can we sell?

faq_solution:

Yes, you can sell with a mortgage. At the notary, with the money from the sale the outstanding debt is cancelled. The bank delivers a debt certificate and it is included in the operation.

Full management: We coordinate with the bank, request the debt certificate and manage the registry cancellation.

Who should pay the mortgage while it is not sold?

faq_solution:

It depends on the agreement between the parties. If there is none, it is recommended to split it into equal parts until the sale, unless one is using the home, in which case it can be compensated.

Can a subrogation or novation be made?

faq_solution:

Yes, there are two options:

  • Subrogation: One stays with the loan and assumes everything
  • Novation: The loan is modified to adapt it to the new situation

Always with bank authorization.

Financial advice: We help you negotiate the best conditions with the banking entities.

About the Use of the Home

Can one stay in the house with the children?

faq_solution:

Yes, if the regulatory agreement so establishes. Use can be assigned to one of the parents until the children are of legal age or economically independent.

And if there are no children?

faq_solution:

Then it is negotiated between the parties. A temporary use can be agreed, or decide to sell as soon as possible.

About the Expenses

Who pays community, IBI, insurance... until it is sold?

faq_solution:

All of that must be agreed in writing. The usual thing is to distribute them at 50%, unless one lives there, in which case they can assume more expenses.

Formalization of agreements: We help you document these agreements in writing to avoid future problems.

About Taxes

Do you have to pay taxes when selling?

faq_solution:

Yes, mainly:

  • Municipal capital gains
  • IRPF for equity gain (if you sell for more than what the house cost)
Tax optimization: Our advisors help you minimize the tax burden and apply all available deductions.

How is the sale declared in the income tax?

faq_solution:

Each one must declare their proportional part. There are deductions if the home was habitual or if there is reinvestment in another house. An advisor can help you optimize it.

About the Sales Process

Can we sell even if we are in divorce proceedings?

faq_solution:

Yes, but it is recommended that the regulatory agreement be signed or there be an agreement between the parties. If there is conflict, the intervention of a judge may be necessary.

What if we don't agree on the price or the strategy?

faq_solution:

A real estate agent acts as a mediator and can propose a professional valuation, with real market data, to serve as an objective basis for deciding.

Impartial AI Valuation: Our Big Data system eliminates subjectivity and provides an objective market price that both parties can accept.

What happens if one doesn't collaborate?

faq_solution:

If one of the owners prevents the sale without cause, the other can judicially request the forced sale (division of the common thing).

Comprehensive Service

How We Help You in This Process

Professional Mediation

We facilitate balanced agreements between both parties with total impartiality.

Legal Advice

Our lawyers manage extinction of joint ownership, agreements and notary procedures.

Objective Valuation

IA & Big Data to determine the fair price without discussions.

Tax Optimization

We minimize taxes and apply all legal deductions.

Mortgage Management

We coordinate with the bank the cancellation or subrogation of the loan.

Premium Marketing

We sell fast and at the best price with professional photography and mass diffusion.

Do You Need to Sell after a Divorce?

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