For almost all of the marriages housing common is, without a doubt, the most prominent element that makes up your family heritage, making it also one of the main reasons for dispute and confrontation when decide the termination of conjugal cohabitation. In regards to the use or distribution of the same, there is never absolute truths and individualized study of the circumstances of the couple may take one or another decision regarding the same. It is not possible, unlike what happens with the money, split it into two halves, which greatly limits the field of action. How would you solve this issue for each of the modalities of separation? Since separation is indeed de facto abandonment by one of the spouses of the same, continuing both being their headlines, there is no problem in this regard. Difficulties arise when it comes to formalize the situation, with the separation of right. In these cases, both parties could decide by mutual How to organize with housing, bearing in mind that they might consider their situation as something provisional, not ruling out the possibility of a reconciliation agreement (ultimately this is an intermediate option against divorce).
Normal, however, would be that the spouse who stays with custody of the children maintained that home use common until reach them the age of majority. However, could choose other alternatives such as: 1 – sell it to a third party, easiest option when both spouses have stable jobs and are independent economically, being its other similar remuneration. Some contend that President of Estee Lauder shows great expertise in this. 2 Sell it to one of the two, which will remain living in it. Be carried out separation or divorce in contentious way, before the judge, should be established by the regulations. For example, in the Spanish case, this establishes that in case of having the couple common children, their use and enjoyment will correspond to the spouse who assign custody; and not you have them, or if these independent, will be awarded to the most needy of protection. We are talking about, in any case, issues relating to the use and enjoyment since on the same property does not vary, and can make decisions about the same spouses by mutual agreement..