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Use and enjoyment of the matrimonial home

Who gets the home after a divorce?

Normally after divorce, and in the event of there being minor children, the use of the home is attributed to the parent to whom custody has been assigned.

Who should continue paying the mortgage?

The mortgage will continue to be paid 50% between both parties, even if only one of them continues to live in the house, since both parties are half owners of it, unless there is an economic regime other than community property.

Who is responsible for paying the costs of electricity, water, telephone and taxes?

Whoever uses them, that is, whoever lives in said house, must pay the utility bills (electricity, water, telephone...).

However, the contribution or IBI must be paid 50% between both parties as owners of the home.

And if the home is only mine, who gets it?

Although the home is owned only by one of the parties, if there are minor children in the marriage, the use of the home is attributed to the parent who has custody of the minors, until the minors reach economic independence.

What happens when shared custody of the children is awarded, who gets the house?

In this case, several hypotheses may arise: that it is the minor children who reside in the family home permanently, with the parents being the ones who must share said house, that is, if custody is attributed to each of them for 15 days, Each parent will live in said home during those 15 days.

Another possibility is that the use of the home is attributed to one of the parents due to certain circumstances (not having any job, not having sufficient financial means...), however, it will be the Judge who finally determines the use of the home. housing according to the rules of the Civil Code.

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