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Dealing with a Leased Property when Separating from Partner

Question

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?

Answer

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.

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Separation Agreements

Available in the following locations: Alicante, Arrecife, Barcelona, Benidorm, Cadiz, Castellon, El Campello, Estepona, Fuengirola, Gandia, Girona, Granada, Jaen, L`Eliana, La Manga del Mar Menor, Las Palmas, Los Alcázares, Los Cristianos, Madrid, Maspalomas, Mazarron, Murcia, Nerja, Orihuela Costa, Oviedo, Palma de Mallorca, Puerto del Rosario, Puzol, Seville, Torrevieja, Valencia, Velez Malaga, Vera, Vigo.

* If your local town is not listed, a lawyer from our nearest office will be happy to assist you.

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1Who is this service for?

If your relationship has ended, but you remain tied to your ex-partner, either as a result of having common children or indeed, common assets such as a house or investments, it is beneficial for both partners to make an agreement on how you will continue to deal with such matters, despite the ending of the relationship.

The service is suitable for married and non-married couples, as well as those with or without children and with common assets.

2Benefits

By drafting a binding agreement* with advice from a lawyer (or potentially separate lawyers advising each partner), a mutually beneficial arrangement can be made such that both partners rights and interests are respected and protected. 

Apart from helping to avoid expensive litigation, such an agreement can provide peace of mind to both as well as certainty.

Where the couple have children, it is necessary that such an agreement is ratified before the Family Court, in order for either partner to exercise rights relating to custody, visitation, child maintenance payments etc

3What does this service consist of?

  • An initial discussion with a specialist family lawyer to understand your requirements and any contentious issues that may exist
  • Based on the initial information you provide, the lawyer will be able to draft a binding agreement to protect both partner's rights and obligations, according to your requirements
  • If distinct lawyers are advising each partner, the lawyer representing you will communicate and negotiate with the lawyer representing the other party so that an acceptable agreement can be reached
  • Presentation of the agreement to the Court or competent Notary public for ratification (depends on whether you are married or have children)

4Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:

  • Verification of the regulatory status of your professional.
  • Fees as recommended by the Local Professional Body
  • Fees specified in advance and legally guaranteed.
  • Service levels agreed in advance and guaranteed.
  • All professionals must hold professional indemnity insurance.
  • Professionals' proficiency in English monitored.
  • Continuous quality controls and reviews.
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