SEPARATIONS. THE HOUSING PROBLEM
Goodbye to marriage ... and housing
Having a decent roof has become a major headache for people who divorce. The situations are dramatic living, from being required to return home from their parents or live in a camp until the lien for unpaid housing
"Facing the payment of the mortgage, pension food, pay rent to continue living, then it is physically impossible unless you have a salary of more than 2,000 euros. " Frank Pintado, a 40-year errenteriarra divorced four years ago, does not charge those 2,000 euros. In fact, not even work. His marriage breakdown coincided with an accident at work that keeps him out since then. "I have been so bad I thought I would end up sleeping on the street. Even, many times I've slept in the car because I did not have to pay a pension, "he confesses.
Fran's story is very similar to many other men and women who go through a marriage breakdown. A process that, if already assumed an emotional and financial grief, in times of crisis becomes a "real ruin."
A Supreme Court ruling, released this week, has returned to shift the focus of today to the poor economic situation by passing the spouses after divorce. The ruling of the High Court, which sets doctrine provides that the payment of mortgage payments contracted by both spouses to acquire the family home are a debt of the conjugal partnership and not a burden of marriage, so that if divorce, must be paid equally by the two former spouses. The ruling reaffirms that the last practice years made the family courts in Euskadi, while opening the door to new practices in judicial decisions and their own spouses.
Last year there were 4,451 divorces in Euskadi. About six in ten were made by mutual agreement, while the rest had to access the courts. In any case, both cases have a common headache, which affects the lives of spouses and, most importantly, the children, have adequate housing. "It's the quintessential problem. It is harmful for men and women and creates unfair situations. The worst thing is that no one can sink your teeth into, "acknowledges Mercedes Alday, lawyer San Sebastian's marriage.
extreme situations
Sometimes, the problem of housing and mortgage payment results in extreme situations when it's divorce. "I know cases of women with children to have them evicted because her ex-husband stopped paying his share of the mortgage. But it is unfair that he is out of the house, have to deal with the mortgage and also pay rent to be with their children this weekend. No salary support a mortgage and rent 800 euros, "says the lawyer.
Some also ends up living in a campsite in a rented room or, more usually, you find that at 40 years must return home to their parents because they have money for more. "There are cases where, after divorce, the couple is living together in the same house because they can not or sell," says Justo Sáenz, President of Agip, the association Gipuzkoa parents separated.
"I've had very bad"
Fran Pintado was not of those who came to live with their partner but their situation can also be described as extreme, but is currently being resolved. After his divorce "by mutual agreement "four years ago, began a pilgrimage that led him to live under different roofs. The first month was spent in a rented flat. "Then, in addition to rent, paid $ 350 50% of the mortgage, 386, maintenance for my two children, custody is his wife and 370 of the letter of the car. As charged off work, suffered an accident, "I came to pay for everything, but not to live" he admits. In the rented flat did not last a month. "I had to go live with my brother, who hosted me and fed me," he recalls.
Meanwhile, the injury to the spine and hip, far from improving, worsened, has been involved twice. "I've had a hard time because I've been a long time without seeing my children for the operations," he laments.
Time passed and his pension was reduced to 383 euros. "I have one and a half in which I could not even pay the mortgage and maintenance. My wife, who started work after separation, has had to cope with everything. She also has had it rough. I realize that we have been able to seize the floor. Think that probably it is very hard. "
Fran was living with a friend, then with a partner, there were nights he had to sleep in his car ... "When you are divorced you go into a spiral in which nothing you can not access anything. You can not apply for a new loan because you're paying a mortgage. You also can not access social benefits because you still own a home, "added the errenteriarra.
During the past two years, with revenue of 383 euros per month, Fran regrets not having had a decent place to be with their children, ages 14 and 9 years. "It was a very hard situation for them, I have neither hurts to make a movie. Luckily conformed to go to the woods and play with them. "
The precarious economic climate in France for its low and its inability to cope the mortgage and payment of the pension has taken his wife to reach a new agreement with him. "Let's settle the house and I will grant joint custody. With the help of her parents, she will give 50% of the appraised value, to which we will subtract all I have left to pay. With that money I can get ahead and keep my children until I can back to work, "says Fran.
VPO for divorced
Currently, Fran lives in a rented apartment for divorced Errenteria municipality owned and operated by Agip. "It is not a bargain, but allows you to have a decent place to take your kids. I have a room ready for them, "says Fran.
The association recognizes that the housing problem "serious" and demanding "an active political impetus to the housing for these people." Today, the Basque government has a quota for separated and divorced in access to social housing. This measure primarily benefits men. Not surprisingly, "the use of housing is given to who has custody of the children. In 86% of cases are mothers. "
However, Sáenz Just remember that women also encounter problems when the children living become independent and must pay off the house. "In many cases, these women are in a very difficult situation because they can not afford to pay for part of the former spouse or, if you sell the house, they can not access a new mortgage on the open market," adds Sáenz.
Divorce Euskadi DATA: Last year there were 4,451 divorces in Euskadi, 0.5% more than last year, which registered 4,428. It so happens that in 2010 broke a trend of decrease of these ruptures caused by the economic crisis. Custody
Euskadi: In 85.9% of cases the child care and use of housing falls in the mother, while only 6.3% of parents were the legal guardian and 6.8% were shared. The Federation of Parents Euskadi separate drives a Joint Custody Law. Divorce
Status: During 2010, there were 119,513 divorces by 115,940 in 2009. Of these, 70,893 were made with the agreement between the parties, while 48,620 were carried out without agreement.
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