Dealing with a Leased Property when Separating from Partner

A short and descriptive Q&A article about dealing with a property lease in case of divorce or split up, specially involving a child.


I am splitting-up with my partner and I am wondering about the lease on our apartment. The lease is currently in my name. Who has rights to the apartment? If there is a child involved am I responsible for continuing to pay the lease?


The lease states that it will last for 1 year but as a tenant.

According to the law, you have the right to extend it for another 4 years.

This is a right (recommended lecture about landlord and tenant’s rights), not a duty; so you could inform the owner via burofax that you no longer would like to continue with the contract.

This has to be done 30 days before the first lease period expires.

The problem here is that your ex partner and your child are still living in the flat, so they would need to search for another home before leaving the apartment.

It is obvious that you will not continue to pay for the rent and the utility bills if you no longer live there.

Another option would be to finish the current lease and make a new one in your partner’s name but the owner would need to agree to it.

Related Services

26 Lawyers Offering Services in Spain

Testimonials for Family Law
  • Esperance Mukamugabo, Palma de Mallorca
    Esperance Mukamugabo, Palma de Mallorca
    Oct 01, 2021

    Rosa was so very helpful with clarification and quick reply. She was always giving me advices to all stage of my Case, her English is perfect too. I would recommend her, particularly to people who don't speak Spanish.

Send Your Enquiry

Enquiry sent. Thank you!

Please fix errors