The Precarious Partner: How Spanish Law Can Leave Long-Term Dependents Homeless

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The use of precarious eviction ( desahucio por precario ) in Spain to evict a long-term unmarried partner, particularly when the woman was financially dependent, raises significant moral and ethical concerns, even if it may be legally permissible under certain circumstances. Here’s a breakdown of the issue:

1. Legal Framework and Its Limitations

· What is Precarious Eviction?

In Spanish law, desahucio por precario is a civil procedure allowing property owners to recover possession when no formal contract exists but the occupant initially had permission to reside there (e.g., as a guest or informal tenant). This process is designed for simplicity and speed, often bypassing more protective family or rental courts.

· Gaps in Protection for Unmarried Partners

Unlike married couples, unmarried cohabiting partners in Spain have very limited rights upon separation. There is no automatic entitlement to property division, spousal support, or shared home protection, even after long-term relationships. This legal gap leaves financially vulnerable partners (often women) exposed to abrupt homelessness.

· Gender-Based Violence Laws vs. Civil Law

Spain’s gender-based violence laws (e.g., Ley Orgánica 1/2004) recognise economic abuse and psychological harm as forms of violence. However, civil courts handling evictions often ignore these protections unless a criminal gender violence case is already pending. Even then, survivors struggle to prove abuse or access safeguards.

2. Moral and Ethical Considerations

· Exploitation of Power Imbalances

Using precarious eviction against a dependent ex-partner can perpetuate economic abuse. For example, if the woman relied on her partner for housing and financial stability, abruptly ejecting her exacerbates trauma and vulnerability. This is especially problematic if the relationship involved coercion, control, or emotional abuse.

· Breach of Implicit Trust

Long-term cohabitation often creates reasonable expectations of shared security. Ethically, the property owner may have a moral duty to ensure their ex-partner is not left destitute, even if no legal obligation exists. Abruptly invoking precario violates relational trust and fairness.

· Gender Inequity
Women are disproportionately affected by such evictions due to factors like lower earnings, caregiving roles, and higher rates of economic dependency in relationships. Systemic biases in the justice system further compound this inequality.

3. Real-World Consequences

· Trauma and Instability

Eviction often leads to homelessness, poverty, and prolonged emotional distress. For survivors of gender-based violence, losing housing can force them back into dangerous situations or impede recovery.

· Legal Intimidation
Abusers may use precarious eviction as a tool of post-separation harassment, knowing civil courts prioritise property rights over human safety. This legal strategy silences victims and avoids scrutiny of abusive behaviour.

4. Efforts to Address the Gap

Article 57. Loss of objective jurisdiction when acts of violence against women occur, Article 49 bis.

Spain’s Civil Procedure Law (Ley de Enjuiciamiento Civil) includes Article 49 bis, (Chapter II Civil Procedure Rules)
which requires civil judges to suspend civil proceedings if gender violence is suspected and refer the case to specialised courts. However, this is poorly enforced, and many victims (especially non-Spanish speakers) are unable to assert their rights, as I discovered to my cost.

· Calls for Reform

Advocates demand stronger integration of civil and criminal laws, such as:

· Requiring civil courts to consider evidence of economic abuse, emotional and psychological abuse, legal intimidation and litigation abuses in eviction cases concerning ex-romantic partners.

· Extending cohabitation rights similar to those in Scotland (where unmarried partners have financial claims) or recognising “de facto unions” EU-wide. Although Spain has a registration procedure for non-married couples, both parties need to be aware of the registration process, or actually put a separation contract in place so both parties know what will happen if the relationship breaks down. Many couples already provide for a cohabiting spouse with a written will in the event of death, but a “separation” is not usually considered in the same legal context.

· Right to Counsel
Legal assistance falls under Article 20 of the 1/2004 laws introduced in Spain for comprehensive protection measures against gender violence. Victims of gender-based violence have the right to free legal advice immediately before filing a complaint, and to free defence and representation by a lawyer and solicitor in all administrative proceedings and procedures directly or indirectly caused by the violence suffered.

5. Alternatives to Precarious Eviction

· Negotiated Settlements

Owners should prioritise good-faith negotiations or mediation to ensure a fair transition (e.g., financial compensation, time to relocate) rather than resorting to immediate eviction. Although mediation is forbidden in cases of gender violence that come before the courts. Negoatiation can only work between two legal representatives, not the individual parties.

· Cohabitation Agreements

Unmarried couples can preemptively protect themselves via cohabitation contracts outlining property and support rights upon separation. However, these are rarely used and difficult to enforce without legal assistance.

· Judicial Discretion

Courts should interpret precario claims narrowly in relational contexts, considering factors like:

· Duration of cohabitation.

· Financial dependency or economic vulnerability.

· Evidence of abuse or exploitation.

· Consider the economic situation of the plaintiff.

· The existence of a “power and control” dynamic.
Check the occupant’s contributions to the household.

6. The Human Rights of Women to Live a Life Free from Violence

When a romantic partner is using a legal mechanism like “desahucio por precario” in a way that creates extreme vulnerability for a woman, this can be seen as a violation of her fundamental human rights. At the breakdown of a non-married relationship, many couples can communicate, discuss and negotiate a fair and equitable separation. Couples can separate and avoid the need for legal representation and litigation.
However, when there has been any form of gender violence before the separation, the situation can quite quickly escalate.
How the relationship ended should be taken into account; the defendant should always have the right to put their side of the story.

The Link Between Precarious Eviction and Violence:

When a former romantic partner is using precarious eviction, especially when it leaves a financially dependent woman homeless, it can be a form of “economic violence” or an act of “coercion and control”. This is particularly relevant when the partner is also the victim of physical or psychological abuse. It becomes an act of “Post Separation Abuse”.
The use of the legal system to cause such harm is a profound ethical failing and an abuse of power. The act of eviction, in these cases, is not just about property law but is a tool of violence—weaponisation of litigation as legal intimidation.

I have lost everything in five years of legal intimidation and litigious abuse by my ex-partner.

The Role of Spanish Courts in Upholding Human Rights:

Judges need to apply a human rights lens to property law cases. The courts have a responsibility not only to apply the letter of the law but also to ensure that their rulings do not create or perpetuate a human rights violation. Precarious eviction should not be seen as a “simple legal procedure” in situations between couples who have been in long-term romantic relationships.

Questions need to be asked. Plaintiffs need to be interrogated about the reason for bringing the case to litigation. There needs to be a clear understanding of the position of the defendant in all cases before the courts. A consideration must be made on the loss of jurisdiction in gender violence cases and explain how this legal reform is a step toward upholding these human rights obligations.

International and European Legal Frameworks:

Spain has signed and ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which obligates states to eliminate discrimination against women in all its forms, including in legal matters. Spain has also ratified the Istanbul Convention (Council of Europe Convention on preventing and combating violence against women and domestic violence). This convention specifically recognises domestic violence as a human rights violation and requires states to take comprehensive measures to protect victims.

Serious Human Rights Issues

While desahucio por precario may be a valid legal tool in some contexts, its application to vulnerable, financially dependent partners can be a violation of their right to a life free from violence and discrimination. This issue is not just about a legal loophole but a serious human rights problem that the Spanish legal system is increasingly challenged to address. Bias, discrimination and misogyny have no place in the Justice system or in the legal profession. Despite the advancement of Spanish legislation in the fight against gender based violence, it seems that there are still some failings within the systems in place. The use of desahucio por precario in situations between couples who have spent many years in a relationship seems to be draconian and barbaric. This is 2025, not 1955, when women were thrown to the curb without a second thought.

Key Comparisons: Legal vs. Ethical Obligations

The Legal Standpoint and Ethical Standpoint

Property Rights – Owner has the absolute right to recover property. Ownership entails responsibility to avoid harm to vulnerable occupants.

Cohabitation Rights: No automatic protection for unmarried partners. Long-term relationships create implicit duties of care and fairness.

Gender Violence is only relevant if proven in criminal court. Economic abuse should be preemptively considered in all proceedings.

Eviction Process. Civil courts prioritise speed and property recovery rights. Courts should assess the holistic context, not just legal technicalities.

Conclusion

While Spanish law may allow property owners to use precarious eviction to recover assets, doing so against a financially dependent ex-partner is ethically indefensible. It exploits legal gaps to inflict economic harm and ignores the moral obligations arising from long-term relationships. Reform is urgently needed to:

1. Strengthen cohabitation rights for unmarried partners.

2. Integrate gender-based violence protections into civil proceedings.

3. Promote mediation and fair settlements over adversarial evictions.
4. Ensure that Police, Legal Professionals, Social Workers, Therapists, and Judges are fully trained and are “trauma-informed” to understand and work within the legislation of the comprehensive protection measures against gender violence. To avoid the secondary victimisation and “institutional sexist violence” that can occur.

Until then, using precarious eviction in such cases prioritises technical legality over justice and humanity. For more details on advocacy efforts and legal reforms, you may refer to the sources cited.

Legal and resource articles.

BOE.ES Organic Law 1/2004

Marfour Law
Advocate Abroad Evictions Spain

Europa.eu de-facto-unions

Property Management Ethical Eviction Practices

Countdown to Precarious Eviction in Spain

LifeChangPlans: Highlighting Gaps In the Laws That Fail Women

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