🏠 Who Pays for Housing Costs After a Breakup? 💔

One of the most common concerns following a separation or divorce is determining who is responsible for paying housing expenses, especially when one party is granted use of the home and no specific agreements are made.

🔑 Key Observations:If a mutual agreement specifies that one party is solely responsible for certain housing costs, such an arrangement is legally binding (Article 1255 of the Civil Code).

To determine responsibility, we must distinguish between:

1️⃣ Usage Expenses: Paid by the person living in the house.

2️⃣ Ownership Expenses: Paid by the property owner(s).

Breakdown of Responsibilities:

💡 Utility Bills (Electricity, Water, Gas, etc.)

These are usage expenses and must be covered by the person residing in the home.

🏢 Community Fees

If no specific agreements are made, these fall under ownership expenses. Even if one spouse no longer lives in the home, they are still required to contribute to these fees as co-owners.

🏡 Property Tax (IBI)

The property owner(s) are responsible for paying this municipal tax. If one owner pays the full amount, they can request reimbursement from the co-owner.

🔧 Repairs

• Ordinary Repairs: Covered by the occupant as they maintain the home’s usability.

• Extraordinary Repairs or Improvements: Paid by the owner(s), as they add value to the property.