Many couples wonder what happens to the household goods in case of divorce and what the rules say about their use and ownership with the breakup of the marriage.
Also, what exactly is included in the concept of household goods and what goods are left out of it.
In general, we can say that the concept of household goods is specific to Family Law and that it appears in the rules of the Inheritance and Gift Tax, being used in the quantification of the taxable base of that tax.
In case of divorce, it has to be decided about its destination. We will see what the Civil Code and the Civil Code of Catalonia say in this regard.
What is trousseau?
It is mentioned in the Inheritance and Gift Tax Law (although it does not give a clear definition) and this law establishes that the household goods “shall form part of the estate”, also indicating how they will be valued for the purposes of the inheritance.
The Civil Code, on the other hand, assures in its article 1321 that, deceased one of the spouses, the clothes, the furniture and household goods that constitute the trousseau of the common habitual residence of the spouses will be given to the one who survives, without computing it in its credit.
It is also specified that jewels, artistic, historical and other objects of extraordinary value are not to be understood as included in such delivery. From the combination of these ideas we can extract a clearer concept of what is or is not considered as household goods , although, in case of doubt, it is best to consult with a lawyer, since the casuistry is extensive and very varied.
There are other references to it, as is the case of article 90.1 c), where it establishes that the regulatory agreement of the divorce or separation must contain “the attribution of the use of the dwelling and the family trousseau” . Also article 1320 mentions that, “to dispose of the rights over the habitual residence and the furniture of ordinary use of the family, even if such rights belong to only one of the spouses, the consent of both will be required or, as the case may be, judicial authorization”.
Basically, we could say that the jurisprudence has been molding this concept and, in short, the household goods include the furniture and other elements used for the usual and normal development of a decent life, that is to say, the elements that are habitually used in any house, such as kitchen utensils, the essential elements of any dining room and living room, household appliances, the furniture of the bedrooms, etc.
Household goods and divorce in Catalonia
When a divorce or separation takes place, one of the areas on which it is necessary to decide is precisely the destination of the household goods: who will keep them and who will use them in the event of a breakup.
The Civil Code itself expressly states, as we have seen, that the regulatory agreement must establish the destination of the trousseau, as well as the use of the dwelling.
It is a complicated matter when one of the members of the couple leaves the family home and the other remains in it, since some time may pass until the liquidation of these common goods takes place and while they may suffer deterioration.
For that reason it is important to carry out a valuation of the household goods at the moment of the breakup. For it, an inventory will be made and an individualized valuation of its content, through experts; or a joint valuation (usually it is spoken of 3% of the value of the property).
Normally the first option will be chosen when there are assets of high value in the property.
On the other hand, as to who gets the use (but not the ownership) of the household goods in Catalonia (which has its own Civil Code), article 233-2 of the Civil Code of Catalonia, when talking about the permanent measures in case of divorce or separation, mentions the need to decide about the “attribution or distribution of the use of the family dwelling with its household goods”.
That is to say, in the Catalan Law, both things are indivisible, and the one who uses the dwelling will be the one who has the right of use also of its household goods. The own jurisprudence in this community has mentioned that the attribution of the use of the dwelling does not refer only to the building itself, but also extends to all the belongings that are proper and necessary for its use and habitability, being necessary the specific mention of the belongings that compose it in the judicial resolutions that attribute such right to one or the other spouse.
Here we enter the field of who gets the use of the family home (if it is so decided) and, in this sense, the 233-20 of the Civil Code of Catalonia establishes that “the judicial authority must attribute the use of the family home, preferably, to the parent to whom corresponds the guardianship of the common children while this one lasts”, independently of who is the real owner of the home.
Only exceptionally will the use of the family home be attributed to the spouse who does not have custody of the children if he or she is the most economically needy and the beneficiary spouse has sufficient means to cover his or her housing needs and those of the children.
It is, however, a temporary attribution, related to the causes that motivated it, and that can be extended but not for life.
Article 233-24 of the Catalan Civil Code details the causes of extinction of the right of use of the family home, and they are the following:
- Termination of child custody and guardianship.
- Improvement of the economic situation of the spouse benefiting from the use or by worsening of the economic situation of the other spouse.
- Death of the spouse benefiting from the use.
- Expiration of the term for which it was established or, as the case may be, of its extension.
- Marriage or marital cohabitation of the spouse benefiting from the use with another person.
It is also possible, of course, the liquidation of the house with its trousseau at the time of separation or divorce, as well as the division of the assets that compose it, as long as its ownership is clear. If you need help from a family lawyer to process your divorce or separation in Catalonia, contact us without obligation.
