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Commercial
Division of community property

We know you can't turn the page while you're still sharing a mortgage and property.
We help you break that final financial tie fairly, without fear of losing out.

Marbella

Where we’ve been featured in the media

Medio Sur

Money and the house: the last obstacle to your freedom

We understand that this phase is usually the most tense. It's no longer about feelings, but about euros and bricks. We understand your concern because it's what we see on a daily basis:

  • Family Housing «Who gets the house? Do we sell it? Can they force me to sell if I want to keep it?».

  • Valuation of Assets You can't agree on how much the car, the second home or the household effects are worth.

  • Debts and Burdens Are you worried that your ex-partner's debts will affect you, or how to split the outstanding mortgage?.

  • Economic Blockade You feel like your assets are «frozen» and you can't access your money to start your new life.

The biggest risk is being beholden. Keeping assets jointly with an ex-partner is an inexhaustible source of future conflicts. You need to separate your finances to be truly free.

Distribute the estate fairly and finally

Our objective is to dissolve the community property so that each person receives exactly what is due to them, not one euro more, not one euro less.

we help you Liquidate and award Assets. We always seek an agreement (partition deed) to save costs, but if this is not possible, we will defend your assets before the judge to inventory and value each asset accurately.

SituationKeep the assets in common (without liquidation)Final Settlement (With Lawyers)
HousingIt remains the responsibility of both. If one stops paying the mortgage, the bank can claim from both of you.Award or Sale. The house becomes the sole property of one person (or is sold) and the mortgage is renegotiated.
DebtsYou keep responding with money from your ex's future debts.Complete Separation. Each person is solely responsible for their new economy.
ConflictsEternal arguments over community fees, property tax, repairs…Peace of Mind. The economic relationship is ending. You are closing the chapter for good.
CostRisk of cross-defaults and fiscal problems.Tax savings if done correctly (exemptions on transfer tax).
Don't let common heritage be a weight holding you back. You deserve to have what is yours and to cut financial ties safely.

Why trust FA Lawyers to divide your estate

We understand this isn't just «dividing things»; it's valuing years of effort and work. We treat your assets with the precision of an accountant and the determination of a litigator.

  • Directed by Antonio Fernández Álvarez and Elena Pulido, lawyers specialising in Family and Property Law.

  • Experts in the valuation of complex assets (family businesses, shares, property).

  • Strategy for Out-of-court settlement to avoid the high costs and time of contentious litigation.

  • Smart taxation: we're looking for the distribution method that generates lower taxes For you.

  • Redaction of Partitioning Notebooks detailed which leave no loose ends.

  • First consultation to carry out an initial inventory and assess your real options.

Our process (from inventory to award)

We convert a chaotic process into an ordered mathematical operation.

  1. Inventory and Valuation We make an exhaustive list of all assets (Assets) and all debts (Liabilities). We value each item with realistic, not sentimental, market prices.

  2. Distribution Proposal We design balanced settlements. If you want the house and your ex-partner the money (or vice versa), we'll find the fairest compensation formula.

  3. Negotiation (Partition Agreement): We sat down with the other party to sign the division agreement before a notary. It's the quick and economical way.

  4. Legal Route (If no agreement): If the other party is unreasonable, we file a contentious liquidation lawsuit so that the court appoints a neutral liquidator to divide the assets.

Case studies (fair distribution and unlocking of assets)

Case 1: Housing allocation and compensation

  • Problem. Divorced couple where the husband wanted to keep the family home, but the wife demanded an above-market selling price, causing a stalemate.

  • Solution We initiated the legal proceedings by requesting an independent expert valuation. The actual value was lower than what she was asking for.

  • Result: The husband was awarded the property at its fair market value and compensated the wife for her half. The asset was unfrozen after a 2-year deadlock.

Case 2: Discovery of hidden assets

  • Problem. In the divorce, the husband alleged that the community property had debts and that there was no money to distribute.

  • Solution We conducted an asset investigation and requested court access to historical accounts. We discovered money transfers to private accounts before the lawsuit.

  • Result: The judge ordered that the misappropriated money be included in the inventory (restitution). The client recovered her portion of the savings she believed were lost.

Frequently asked questions about community property liquidation

Is it mandatory to settle marital assets at the same time as the divorce?

It's not obligatory, but it is highly recommended. You can get divorced today and leave the division of assets for later, but this maintains the economic link and the risks of shared debts. The ideal scenario is to do it all together («divorce with settlement»).

Who pays the mortgage until the house is sold?

Unless otherwise agreed, the mortgage is a debt owed by the partnership and must be paid to 50% by both owners, regardless of who lives in the house (who usually pays the utility bills).

What happens if we don't agree on the price of the house?

If there is no agreement, it cannot be sold. It will be necessary to go to a judicial liquidation procedure where an official appraiser (expert) will set a binding price for both parties or for a public auction (the least desirable option).

Do I have to pay tax on being awarded the house?

The division of marital assets has favourable tax treatment. There is no Municipal Capital Gains Tax or Property Transfer Tax (ITP) payable, only Stamp Duty (AJD), which is much lower. It is fiscally cheaper than a normal sale and purchase.


Abogados expertos en liquidación de gananciales FA Abogados

FA Lawyers

+34 604 154 580
Av. Ricardo Soriano, 22, Pl. 3, Oficina 2, Málaga

Where is our
Law Firm?

We're in the center of Marbella, with easy access and parking right in front of the office.

Parking

Parking in front of the office.

Phone


Mon–Fri 9 AM – 6 PM
Sat–Sun Closed
Ricardo Soriano Avenue, 22, 3rd Floor, Office 2
29601 Marbella
Malaga