The Supreme Court (TS) has established that the payment of mortgage payments contracted by both spouses to acquire the family home is a liability of the conjugal partnership (ie, the salary of each) and not a burden of marriage, so that in case of divorce should be paid equally between them.
This is indicated by the Civil Division of the High Court in a ruling, which agreed to set doctrine as there is conflicting jurisprudence about the provincial courts.
explains the decision, which has lectured the judge Incarnation Roca, these fees must be paid equally between the spouses owners until it has proceeded with the liquidation of the conjugal partnership.
In this resolution the Supreme Court upheld the one man against the decision of the Audiencia Provincial de Valencia, which agreed that taking into account the income of each of the parents he had to pay 80% and 20% women.
The Supreme Court annulled this decision now as regards the distribution of shares to pay the mortgage.
Via 20 Minutes
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