What happens to the tenancy agreement if the tenants separate or divorce?

Question

José Manuel Alburquerque · Accepted Answer

It depends on who signed the agreement and on who is awarded the use of the home. If only one of them signed and the judge awards the use to the other, the latter can stay in the home and becomes the tenant if the award is permanent or lasts longer than what remains of the tenancy. They must notify the landlord within two months of being notified of the decision, enclosing a copy. If both signed, both remain tenants as far as the landlord is concerned until the landlord accepts that one of them may leave the agreement. If the one who signed simply leaves, the spouse or partner who stays can continue if they notify the landlord in writing within the following month. If only one of them signed the agreement In an annulment, a judicial separation or a divorce, the judge can award the use of the family home to one of the spouses, in Catalonia under the “Código Civil de Cataluña”, the Catalan Civil Code. If the judge awards it to the spouse who did not sign the agreement: That spouse can go on living there and the landlord cannot object. They become the tenant under the agreement if the award is permanent or for longer than the tenancy has left to run. If it is shorter, they can stay in the home, but the agreement remains in the name of the one who signed it. They must notify the landlord that they are staying in the home within two months of being notified of the decision, with a copy of the decision or of the part dealing with the use of the home. The “convenio regulador”, the separation or divorce agreement approved by the judge, or the judgment should make clear who pays the rent from then on. If both signed Both remain tenants as far as the landlord is concerned until the landlord accepts in writing that one of them may leave the agreement. Whatever they agree between themselves binds them, but does not in itself change the tenancy agreement. If they want only one of them to remain, the prudent course is to ask the landlord and have it signed. The landlord is not obliged to accept, because having two people liable gives the landlord more security. If the one who signed simply leaves If the tenant leaves the home without saying anything, the spouse who was living with them can continue under the agreement if they notify the landlord in writing within the following month. If they do not, the tenancy comes to an end and they will have to pay that month's rent. If the tenant gives notice that they will not renew or that they are leaving early without the consent of the spouse who lives with them, the tenancy can continue in the spouse's favour. The landlord can ask the spouse to say whether they wish to continue. If the spouse does not reply within fifteen days, the tenancy comes to an end. These two rules also apply to a partner who had lived with the tenant for at least the previous two years, or for less if they have children in common. The rule on separation and divorce refers to marriage. If unmarried partners separate and the judge awards the use of the home to the one who did not sign the agreement, seek advice on your case.