A Coruña, Spain – A provincial court in A Coruña has ruled that a woman must pay her former partner over €170,000 for her share of a jointly owned property, despite arguing that her contributions to the household as a homemaker should exempt her from the financial obligation. The case, decided by the Audiencia Provincial de A Coruña, centers on a property purchased in 2010, with each partner initially holding a 50% ownership stake.
The dispute arose following the couple’s separation approximately one year and eight months after purchasing the home. While the property was legally registered in both names, the man solely financed the down payment, purchase expenses, and mortgage payments, utilizing funds from his personal account, according to court documents. He subsequently sought reimbursement from his former partner for half the property’s value, totaling €163,700.
The woman countered that the financial arrangement operated under a “community of assets” principle, common in unmarried cohabitating relationships. She asserted that her domestic labor over nearly eleven years – initially in her own apartment and then in the jointly owned house – constituted an equivalent contribution, and that requiring her to pay half the property’s value would result in unjust enrichment.
The court acknowledged the concept of a community of assets arising from long-term cohabitation, but ultimately found the woman’s claim insufficient. Conflicting testimony presented by both parties regarding the duration of their cohabitation proved pivotal. Witnesses supporting the man stated the relationship began concurrently with the property purchase, while the woman’s witnesses claimed a significantly longer period of cohabitation.
The judge determined that the onus was on the woman to substantiate her claim of a lengthy cohabitative period. The court found her reliance on witness testimony from friends and family inadequate, particularly in the absence of corroborating evidence such as photographs or financial records demonstrating shared expenses prior to the house purchase. The judge noted that if a long-term cohabitation had existed, supporting bank statements documenting the man’s contributions to expenses in her previous residence would have been expected.
The court further clarified that while a community of assets can reasonably apply to everyday living expenses, a two-year cohabitation period is insufficient to extend that principle to the purchase of a significant asset like a home. The ruling emphasized that a short period of cohabitation does not necessarily preclude opportunities for a partner to pursue independent employment.
According to web search results, Finandon, a Spanish mortgage advisory firm, notes that obtaining a mortgage in A Coruña offers various financing options tailored to individual economic situations. Novagalma, another financial institution, specializes in providing financial advice for home purchases in the Galicia region, including A Coruña. Arco Inmobiliaria, a local real estate agency, highlights the importance of personalized solutions in the A Coruña property market. These firms offer assistance with navigating the complexities of the Spanish mortgage system, but do not appear to have been involved in this specific case.
The Audiencia Provincial de A Coruña’s decision mandates that the woman pay the man over €170,000, inclusive of legal costs and accrued interest. The ruling underscores the importance of clearly defining financial contributions and ownership arrangements in property purchases, even in the absence of marriage.
