Housing and heritage
adult children and agreed review of the use of the home
When children come of age and accommodation needs change, it may be necessary to review a agreement old The agreement examined combined maintenance during studies, use of a home by one of the ex-spouses and recognition of the property ownership of both.
The change in circumstances that was recorded
The document indicated that the children were already older and lived abroad for studies, while one of the parents continued to cover their expenses. That is why a nutritional contribution was maintained and the references to custody and visits.
Studying abroad was not treated as automatic economic independence. This distinction allows us to organize two different questions: where the child lives and what resources available to sustain itself. The answer requires current academic and economic documentation.
Use and ownership were not confused
The proposal attributed the use of the old family home to one of the ex-spouses and contemplated adaptation works to their needs. At the same time, it recognized the ownership of both over the assets and proposed their asset allocation in halves.
Exclusive use was not equivalent to transferring all ownership. Nor did the distribution of ownership resolve by itself who would pay for supplies, taxes or adaptations. The text addressed these issues and provided for other financial commitments linked to future events.
What should be specified in a new agreement
An amendment must identify the replaced clauses and prevent old rules from surviving that are incompatible with the new ones. It is necessary to specify duration of use, expenses, works and what will happen when the children stop being economically dependent.
The previous agreement, resolutions, deeds and documentation of studies and expenses are useful. If future benefits are anticipated, the event that activates them and the way to prove it must be defined. The original proposal contemplated judicial ratification; It is not possible to consider all its points approved just because they are included in the draft.
matrimonialistas Abogados can help you review the documentation and assess the options applicable to your situation.
Civil Code effects of separation and divorce · BOE ↗ (opens in a new tab)