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POPULAR MORTGAGE TO BE PAID 50%

The mortgage is paid equally by both spouses

The recent Supreme Court ruling that judges can lead to compensate the weaker with higher alimony

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Spouses must pay 50% of the mortgage in case of divorce litigation. It declares a Supreme Court ruling, known this week. The text, which sets doctrine provides that the payment of mortgage payments contracted by both spouses to acquire the family home is a liability of the conjugal partnership and not a burden of marriage, so that in case of divorce, shall be paid equally by the two former spouses.

In practice, the decision of the High Court reaffirmed the practice, with nuances, in recent years being made by family courts in Euskadi. However, it can lead changes.

According to Raul Carbonero, family lawyer in San Sebastian, a contentious corporate acquisitions, "from now nobody will pay more for the mortgage and, if a spouse is obliged to do, because the other party has no resources, know that this money will be recovered at the time of the liquidation of the house (which is sold and distributed the money or that one spouse is the left), which is not always the case so far. "

Of course, the lawyer believes that the decision "opens a door that can lead to problems." In the event that one party has less resources, lawyer argues that "the court can establish that he was compensated up the maintenance to the parent who takes care of paying it."

also other consequences that can derive from this sentence, according to Carbone, is that spouses will decant from the start to liquidate the property. "If the judge forces the two to pay equally, perhaps in many cases the person who gets the use of the house and custody and will interest not because they are not going to be able to pay. Then perhaps think that the best formula is the liquidation of the property from the beginning. " To counsel, it would be the best solution. "Today, with the excuse of child's interest, not paid housing. But I have it clear that if parents are fine, the children will be fine. And if parents are ill, the children are going to go wrong, "he says.

For Mercedes Alday, divorce lawyer in San Sebastian, the main novelty of the sentence is that the mortgage payments on matrimonial disputes companies "are no longer considered family burden" with what he will be paid "in proportion to the economic possibilities of each of the spouses. " Alday

hopes that if you feel this precedent, it is "important to take into account and corrected when setting alimony in the event that one spouse has less resources. It is more logical and fair. "

The "fear" of the lawyer is not offset by child support "and that the weakest person can suffer injury and be forced to liquidate the property. If you have three dependent children, the option to liquidate the house is not the best, "he recalls.

"A step toward equality"

Just Saenz, president of Agip, welcomed the ruling because it is "a step towards equality." In his opinion, prevents a parent custodian does not have to leave home have to pay 80% of the mortgage and pension. "If you have a hard time when he has to cope with 50% paying 80% have it much worse. Where will you live with your child when you touch? What a campsite? What Car? How grandparents' house? "He asks.

also considers that the sentence is good for women, the economically weaker party. "We have always recommended to pay the mortgage to 50%, the benefit of both spouses. If the woman pays 20% or pay when the children leave home and arrive at the time of settlement, will receive only 20% of floor. With that money is going to be very crude to pay the other party or to buy another home, "added Saenz.