At the time of a divorce, the home a couple shares includes one of the goods to share.
However, who gets the family home? Who decides and with what parameters? These and other questions will be addressed throughout this article.
What is a family home?
One family home It is a duty of cohabitation that exists in a marriage, and which is determined by the civil code. This property can be your own or common property, with the court being the one who determines the family's residence in the event of divorce.
What happens to the family home after the divorce?
The issue of the family home after divorce is treated with particular attention, taking into account the importance of this asset for family stability, especially when there are children involved.
Portuguese legislation offers some guidelines on how this situation should be managed:
- Priority to Children: If there are minor children involved, Portuguese law prioritizes their well-being. Normally, the right to use and enjoy the family home is attributed to the spouse who is entrusted with custody of the children. This right remains, as a rule, until the youngest child reaches the age of majority or completes his education.
- Mutual Agreements: Spouses can reach an agreement on the family home during the divorce process. This agreement may include the sale of the property and sharing of the profits, the purchase of the other spouse's share by one of them, or any other solution that both parties deem appropriate.
- Court intervention: In the absence of an agreement, the court will decide on the fate of the family home. The court decision will take into account several factors, such as the needs of the children, the economic situation of both spouses and the circumstances that led to the divorce.
- Housing Law: In certain cases, the court may decide to award the right to live in the house to one of the spouses, even if the property belongs to the other. This right may be temporary or last until a specific circumstance occurs, such as children reaching the age of majority.
Who has the right to stay in the family home after divorce?
There are several factors that the court takes into account when determining rights to the house in divorce:
- Who got the custody of children;
- The age and health status of the couple’s members;
- The possibility of one of the spouses having another home;
- Who was most harmed by the instability caused by the separation.
How is the house divided in divorce?
In order for the division of people and assets to be carried out, the ex-spouses must contact the divorce counter with sharing.
There are documents that you must take, such as:
- A list of the couple's assets and their value;
- An agreement on how the assets will be divided;
- The certificate of the prenuptial agreement, if this was not drawn up in a registry office or if the marital property regime is not registered.
In case of lease
One side gets the house. However, the court takes into account issues such as the financial stability of one of the spouses or the children when deciding who gets the house.
If it is owned by one or both
If the house belongs to both of you, it must be divided like any other asset. As an option, there is the sale of the house and subsequent division of the proceeds. If one of the ex-couple wants to keep the house, they can buy it from the other spouse.
If purchased using housing credit
The ownership of the credit must be changed so that the member of the ex-couple does not remain in the credit agreement and does not pay the installments.
What happens to the family home in case of separation?
The division of the house in terms of divorce and family housing must be agreed between the two members of the couple. In the event of a lack of agreement, the court will have to decide who will keep the house, taking into account the principle of equality.
Can prenuptial agreements determine home sharing?
The prenuptial agreement determines the economic divisions of a couple. This agreement or pact determines which assets are included in the sharing, and which type of sharing of assets they want to do. Therefore, the house can indeed include one of the parameters to be divided in the division of assets in divorce.
How does child custody influence house decisions?
The existence of children, and who has custody of them, is one of the determining factors in who ends up with the house. If one of the couple has custody of the children, they have the right to keep the house.
How are house values divided in a divorce?
If a couple has opted for a separation of assets, there are no goods to share. However, if there is a community property regime, they must be dividedided like any other asset that the ex-couple has in common.
What is the role of the lawyer in negotiating the sharing of the family home?
The presence of a lawyer when sharing a family home is essential. A legal professional is best suited for advice and guidance throughout the process.
At Divorce Lawyer.PT has the best professionals in the most diverse areas of law, always ready to help you!
Do I need a lawyer to draft a home sharing agreement?
Yes. A lawyer is very relevant to divisions after a divorce. From sharing custody, to alimony, to sharing the house, a lawyer is the best option to properly divide assets.
How can a lawyer help with the valuation of the family home for sharing purposes?
The purpose of evaluating the house is to understand whether there is an agreement that serves the interests of the children of the divorcing couple. A lawyer is a solution for valuing a family home.
Conclusion
The family home, as a space shared by a family, changes from the moment a couple decides to divorce. O property regime What former spouses adopted before getting married will determine how some assets, including the house, will be divided.
If a house is rented, whether it belongs to one of the couple or both will determine how it is divided. However, the court has the final decision and decides who gets the house, depending on several variables.
note: The information presented in this article is for informational purposes only and should not be construed as legal advice. Although we have made every effort to ensure the accuracy of the content, we assume no responsibility for any inaccuracies, omissions or legal changes that may occur after publication. If you are facing a specific situation or have questions about any of the matters covered, we strongly recommend consulting a lawyer or legal specialist for advice tailored to your situation.
