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If you are currently going through a separation and you do not know very well how the relationship between home and divorce, this article will elucidate the key issues of this type of process. It is essential that you stay abreast of all the bureaucracies that are associated with the topic.
We all know that divorce, in addition to being a complicated process, is a sensitive situation that requires difficult family management – especially when there are children in the household.
Among the various stages inherent to this situation, the issue of the family home must always be resolved. Stay with us and find out what happens to the house in case of divorce.
Marriage and Divorce: What You Need to Know
What Happens to the House After a Divorce?
When a couple separates, regardless of the reasons, there are always practical aspects that are common: how to take care of the family home during and after divorcewhat are the associated costs, what the law says on the subject or how to divide parental responsibility are examples.
However, it is important to know that in any of the cases, the family home can be assigned to one of the members of the former couple – taking into account the needs of each one and, of course, the interests of the children, if applicable.
That is, even if the family home belongs to one of the former partners, it may be assigned to the other.
Furthermore, by family home we must understand that where the family life of the spouses (in a de facto union) is permanently, lastingly and stable.
To help you, we first gathered some questions that may be important if you are going through a divorce process.
1. How to get a divorce?
There are two ways to obtain a divorce: by mutual consent (when the two elements of the couple agree on the separation and its terms) and by litigation (when there is no agreement and it is often necessary to go to court).
2. Where can you start divorce proceedings?
With regard to the process of divorce by mutual consent (or Friendly divorce), you can start it from any Civil Registry Office or via the internet at Civil Onlineon the public services portal E-Portugal or even directly on portal of justice.
If you prefer, you can also schedule a date online to start the process – in this case, you just need an email address. email.
If it is a divorce without agreement of one of the members of the couple, then this will have to be requested in court.
3. What is required to file for divorce?
According to the Portal da Justiça, the following documents are required:
- one written request how they want to get divorced;
- a written agreement on the payment of alimony from one member of the couple to the other, if the couple agrees on this payment;
- one list of the couple’s common property and its valueif it is a divorce without division or an agreement on division of property, if it is a divorce with division;
- one written agreement or the certificate of the court decision on the exercise of parental responsibilitiesif there are minor children;
- a written agreement on the fate of companion animalsif any;
- one prenuptial agreement certificateif the agreement was not made at a registry office and the property regime is not included in the marriage register;
- a written agreement defining what will happen to the house where they live (family home);
4. How much does a divorce cost?
Regarding the process of divorce by mutual consent, without sharing the assets, this costs €280. Sharing the couple’s assets and registering the assets costs €375.
If you do both processes together (divorce and sharing of property), it costs €625. However, and according to the Justice portal, the value may increase if there are costs with consulting the registration databases, for example.
In addition to this, it is still necessary to add the payment of taxes.
Marriage and Divorce: What Solutions Are There?
When the marriage comes to an end, in addition to all the constraints that divorce itself brings, there is still the question of joint house. The big question is: what solutions are available to resolve this situation?
We present several ways to support you in the future, and the rules are very clear and very strict with regard to the family home.
If the house is leased
If the house is rented, you should talk to your ex-spouse and decide on its future. You may choose to streaming or by concentration in favor of one, but always with the consent of the landlord.
If the house is owned by one of the spouses or even both?
If the house is owned by one of the spouses, it can still be assigned to the other member of the couple. In this case, the court will fix the amount of rent and the terms of the lease, taking into account the circumstances of the case.
Likewise, if the house is owned by both, it can be leased to only one of them, the court setting the amount of rent and the conditions of the lease.
And when there is a housing loan, how does it work?
This situation is actually the most common among current couples. know that banks are prohibited from aggravating (increase the spread in the renegotiation of the mortgage loan agreement) credit charges.
This situation applies not only to divorce, but also to the legal separation of persons and property, the dissolution of a de facto union or even the death of one of the spouses.
In this case, the person receiving the loan must prove that the household has income for an effort rate of less than 55% or 60% if they have two or more dependents (such as children, for example).
Another way to proceed is to not change anything on the loan.: that is, both are left to pay the housing loan, in the same way, with one of the spouses living in the house.
How is sharing handled?
As we know, the relationship between home and divorce involves quite bureaucratic matters. To make it possible to share the house, it is necessary to take into account two aspects: the value of the house and the amount owed to the bank.
Generally speaking, the value of the home to be considered should match its market value as closely as possible. In addition, both spouses should first try to reach a consensus on this value. Otherwise, they can always resort to the services of a real estate appraiser.
If there was no debt to the bank, this would be the amount that the spouse who wants to keep the house would have to pay the other as a return. However, as it is assumed that there is a debt in the bank, half of the amount owed must be subtracted from that amount.
In the case of sharing, the spouse who sells his share will have to pay attention to capital gains – as if the house were to be sold.