What a relationship breakdown costs in your first year

Terms used

• Fianza — The fianza is the deposit, normally one month's rent, held as security for the lease.
• Solidaria — Solidaria liability means the landlord can claim the whole rent from any one of the tenants.
• Arraigo — Arraigo is a residence permit route based on your ties to Spain, such as work or length of stay.
• Oficina de Extranjería — The Oficina de Extranjería is the immigration office that handles residence permits.

Key rules

• Joint lease: Your partner leaving does not end the lease, and the landlord can claim the full rent from you.
• Leaving the lease: The landlord must agree if one tenant is to be released.
• Second home: Budget for a new deposit and furnishing while you may still be paying the old flat.
• Permit: If your permit depends on your partner, apply for an independent one before it expires.

The short answer: budget for two homes

A split can leave you paying for a flat you share and setting up a new one. A joint lease and a permit that depends on your partner both make separation a financial and legal risk. Plan for a second household before you need it.

What you owe on a joint lease

If you both signed the lease, you are normally each liable for the whole rent ("solidaria") unless the contract says otherwise. The landlord can ask either of you for the full amount. You can then claim a share back from your ex-partner.

Your partner moving out does not end the lease. You stay bound, and the landlord must agree to any change, such as releasing one tenant. Check whether the contract names a guarantor, because that person is also exposed.

After the first 6 months, the tenants can end the lease with 30 days' notice. The decision below compares your options.

What a second household costs

A new rental usually needs a deposit of one month's rent, called the fianza, and often a further guarantee. Agency fees may fall on the landlord, so ask before you pay any.

Furnishing depends on whether the flat comes furnished and how much you buy second-hand. A basic setup needs a bed, a sofa, a table and white goods. Costs are higher in Madrid, Barcelona and Palma. Check current rents and furniture prices in your town before you commit.

If you are still paying the old flat while you start a new one, you pay for both at once. Set aside enough to cover that overlap.

What happens to your residence permit

If your permit is based on family reunification, it does not end automatically when you separate. You can usually apply for an independent permit after two years of residence. In some cases, such as gender violence, you can apply sooner, and victims have protected routes.

If your permit depends on the relationship, apply for an independent permit before the current one expires. Work or arraigo are examples of routes. Rules vary by permit type, so ask an immigration lawyer or the Oficina de Extranjería.

If you hold a permit as the spouse of an EU citizen, separate rules apply. A divorce must have lasted a set time before it affects you. Get advice before you act.

The FAQ below covers these questions in short form.

Choosing between options

What do you do with a joint lease after a split?

• Stay in the flat: You can afford the full rent alone.

• Leave through the usual notice: You both want out. After the first 6 months, 30 days' written notice ends the lease, and you can then set up a new home.

• Ask the landlord to release one tenant: One of you wants to stay and the other wants out. Get the landlord's agreement in writing, because the leaving partner is otherwise still liable.

A partner leaving does not end a joint lease, so the choice depends on whether the landlord agrees to a change. Budget for a second household in either case: a new deposit of one month's rent, often a further guarantee, and basic furnishing.

Frequently asked questions

Can the landlord still claim the full rent from me if my partner moves out?

Yes, if you both signed the same lease, the landlord can normally claim the full rent from either of you, unless the contract says otherwise. You can then claim your partner's share back from them. If a guarantor signed, check what they agreed to.

Does my residence permit end if we separate?

No, a permit based on family reunification does not end automatically when you separate. You can usually seek an independent permit after two years of residence, or earlier in cases such as gender violence.

What if my permit comes from being the spouse of an EU citizen?

Spouses of EU citizens follow a different set of rules, which require a divorce to have lasted a set time. Ask the Oficina de Extranjería or an immigration lawyer which rule applies to you before you sign anything.