The region with the most divorces during 2022 was Andalusia, with a total of 14,814, followed by Catalonia (14,152) and Madrid (11,546), according to INE data. It is normal for more populated territories to have more divorces at an absolute level. However, Ceuta was the city with the highest rate: there were 2.6 divorces, separations or annulments for every 1,000 inhabitants in 2022. They involve 0.25% of the population of Ceuta.
The dissolved marriages had an average duration of 16 and a half years, although a large part of them (32.4%) occurred after 20 years of relationship. This is enough time to create a shared heritage: perhaps a house or an apartment as a habitual residence and, in some cases, perhaps also a summer apartment.
After the breakup, the recently divorced must decide what to do with their real estate acquired during the marriage. And this is where they will consider the idea of selling their apartment after the divorce.
Depending on the marital economic regime of the dissolved couple, the complexity of the process is greater or less.
If there is separation of assets, a default regime in regions such as Catalonia and the Balearic Islands, each spouse may dispose of their private assets, not only those acquired before the marriage, but also by inheritance or donation. When selling the house under a separate property regime, and provided there is an agreement between both, the money is distributed based on the percentage of ownership that appears in the deeds.
If one of the spouses wants to keep the house, they must buy the part corresponding to the other member. An appraisal of the home will be necessary to verify its current market value, which may be different from the time of acquisition.
Another thing is the property regime, by default in most of the Spanish territory. With this, the assets obtained by any of the members during the marriage belong equally to both.
Once the marriage is dissolved, the division of ownership must be carried out. In the case of having only one home owned, this is 50% of each one.
When selling the property under community property, the consent of both spouses is necessary.
Of all the divorces in 2022, more than half (50.4%) had minor children under their care. On occasions like this, it will be essential for a judge to authorize the sale of the apartment, according to his reading of the circumstances, even when it is a critical situation that forces the sale.
For the judicial authority, it will be decisive that the applicants can guarantee that the sale of the house does not imply a detriment to minors.
