Selling a home in a divorce in Aragón

The family home is usually a couple's most valuable asset. In a separation or divorce, deciding what to do with it raises questions and, at times, tension. Should you sell? Should one of you keep it? Should you stay joint owners?

In Aragón there is an extra twist that surprises many couples, especially those from abroad. The default marital property regime is not the standard Spanish one. This article explains the options, the taxes and the steps for selling a home during a divorce in Zaragoza.

Consorcio conyugal: Aragón's own regime

If you married in Aragón, or one of you has Aragonese civil status, and you did not sign a prenuptial agreement, your regime is usually the consorcio conyugal. It is part of Aragón's own civil law. It works much like community property: assets acquired during the marriage belong to both spouses.

When you divorce, the consorcio has to be wound up, meaning the shared assets are divided. The home is nearly always the central piece.

If you married under separation of assets, or you were an unmarried couple, the flat is usually held in joint ownership instead. Different rules apply, as explained below.

The three usual options

When a couple separates, the home can follow one of these paths:

• Sell to a third party. The flat is sold, any mortgage is paid off and the rest is shared. It is the cleanest option when neither partner can or wants to keep it.
• Allocate it to one partner. One keeps the home and compensates the other with money or other assets.
• Keep it jointly. It is possible, but it prolongs the financial link and often causes problems later.

No option is always best. It depends on each person's finances, the children and the mortgage.

Taxes in each scenario

The tax treatment depends on the regime and how the home is divided. Broadly:

• Winding up the consorcio conyugal. Allocating the home to one spouse as part of the division is usually exempt from transfer taxes, subject to conditions.
• Dissolving joint ownership. If the flat was jointly owned under separation of assets, and one partner buys out the other, stamp duty normally applies. In Aragón the rate is 1.5%.
• Selling to a third party. Each partner reports their share of any gain for income tax, at the 2026 savings rates of 19% to 30%. The seller also pays the plusvalía municipal, a local tax on land value. Zaragoza applies a 28% rate under its current tax ordinance.

Every case has its own details. Before signing anything, check it with a family lawyer, a notary or a tax adviser.

The joint mortgage

This is the point that causes most confusion. Even if a court or a divorce agreement gives the home to one partner, the bank does not automatically release the other from the mortgage. The lender has to agree to change the loan and be satisfied that the remaining partner can repay it alone.

If the bank refuses, selling to a third party is often the simplest way out. The sale proceeds pay off the mortgage and both partners are released.

When the children keep the use of the home

In many divorces with young children, the court grants the use of the home to the parent who has custody. That right of use does not change who owns the flat, but it does limit a sale: both owners must agree, or a court must authorise it.

Many couples agree to sell when the children reach a certain age or when the family moves. Writing this clearly into the divorce agreement avoids future disputes.

Agreeing on a price without arguing

Price is the most common sticking point. One partner wants to sell quickly, the other prefers to wait. A few practices help:

• An independent professional valuation, based on real sales in the neighbourhood.
• A single point of contact for viewings and offers, who keeps both partners equally informed.
• A minimum price and timeline agreed in writing before the flat is advertised.

At ACG we support many couples through this process with discretion and a personal approach. Both partners are informed at every step, so the sale does not add tension to an already difficult time.

In short

Selling a home during a divorce in Aragón starts with knowing your regime: consorcio conyugal, separation of assets or an unmarried couple. From there you choose whether to sell, allocate or keep the home, each with its own tax treatment. The joint mortgage and the children's right of use are the two factors that shape the decision most. With an independent valuation and a process that is transparent for both partners, the sale becomes far more manageable.

Related reading

• Selling an inherited flat in Zaragoza