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The distribution of housing

in the distribution of wealth, housing is one of the assets of greatest concern to the spouses and included, if any, in the regulatory agreement.

• When there is no agreement by the couple and it has minor children, the use of housing and its contents tend to be targeted to the spouse who will get custody, even if it is a proprietary right of the other spouse. It may not sell the house or mortgage it without the consent of the former spouse or a judge, because what is sought at all times is the protection of minors. In this case, the partner has been away from home can continue deducting housing investment, but does not reside there, provided you continue paying the mortgage. This deduction is applicable when there is a court order requiring the spouse to leave the house. It is also necessary that the house had the usual character of the marriage was valid and follow so for the common child and parent living with them.
• When the marriage did not have children or those have been emancipated and housing is a community property, either can live in it until you make the final distribution of assets, which comes with the settlement. If the divorce produced an imbalance in economic status between the spouses, the use of the house may go for the most needy of protection.
• If the residence is an exclusive right of one spouse after the divorce is still his property. But you can give the exceptional circumstances that a judge temporarily agreed that the use of family housing is owner of consort to require greater protection.
• In the event that the family home is for rent and is awarded to the partner that is not listed as a starter, the consort tenant can continue living in the home as long as the landlord announces his intention to continue the housing. For that it has within two months from the issuance of the decision and must also enclose a copy of the ruling.
• can also be given the fact that marriage is still paying the mortgage. In this situation, the spouses may agree that one of them stay with the floor and face the purchasing payment, in turn, part of another. They can even sell full to a third party with the burden of the mortgage. If the couple does not reach an agreement on the sharing, ownership or the payment of fees will be necessary to resort to the courts.

In either case, after the liquidation and division of property is necessary to state in the Land Registry the change in ownership.

Divorce litigation is a more complicated process in which the costs multiply and lengthen the time. Each of the spouses need a lawyer and a prosecutor, with a corresponding economic loss that this entails. Furthermore, no agreement is necessary to go through a legal process that will establish what portion of family assets for each one. Www.leyfacil.com