pachapapa Posted April 25, 2011 Share Posted April 25, 2011 Interesting subtlety in an important jurisprudential decision last week in the Spanish Supreme Court.In the event of an outstanding mortgage existing in conjunction with a divorce settlement then the redemption of the mortgage will be effected by both parties in equal amounts.50% for each party.....sounds fair to me.[;-)] Link to comment Share on other sites More sharing options...
Frecossais Posted April 25, 2011 Share Posted April 25, 2011 Fair if the marriage is childless, but not if one parent has care and control of any children of the marriage. Link to comment Share on other sites More sharing options...
pachapapa Posted April 25, 2011 Author Share Posted April 25, 2011 Apparently not relevant.Note scroll down for comments.http://www.20minutos.es/noticia/1028743/0/divorcio/pago/hipoteca/ Link to comment Share on other sites More sharing options...
Frecossais Posted April 25, 2011 Share Posted April 25, 2011 No habla espanol, I'm afraid. Link to comment Share on other sites More sharing options...
pachapapa Posted May 3, 2011 Author Share Posted May 3, 2011 Following on from the equitable 50% : 50% mortgage redemption monthly payments regardless of individual salaries an extension of the principle to the utilisation of the house is reported in the spanish press today.In effect the house will be occupied alternately for periods of three months by the parties to the divorce with the dependant children being in permanent residence.The three month periods to correspond with the four academic periods during the year.http://www.20minutos.tv/video/aegkGMRV-se-divorcian-y-se-turnaran-la-casa/0/ Link to comment Share on other sites More sharing options...
KathyF Posted May 3, 2011 Share Posted May 3, 2011 Sounds fair enough if women in Spain earn as much as men, otherwise it seems grossly unfair to me. Link to comment Share on other sites More sharing options...
pachapapa Posted May 3, 2011 Author Share Posted May 3, 2011 [quote user="KathyF"]Sounds fair enough if women in Spain earn as much as men, otherwise it seems grossly unfair to me.[/quote]Relative emoluments are NOT considered. Link to comment Share on other sites More sharing options...
Rabbie Posted May 4, 2011 Share Posted May 4, 2011 There are always cases of individual injustice when the same formula is applied to all cases. Unfortunately there is a tendency for divorce settlements to bring out the worst in people revealing their inner greed. Link to comment Share on other sites More sharing options...
KathyF Posted May 4, 2011 Share Posted May 4, 2011 But this wouldn't be just individual injustice, but widespread injustice against (I would hasard a guess) the majority of Spanish women involved in divorce. I would be extremely surprised to learn that most Spanish women earn as much as their husbands. Link to comment Share on other sites More sharing options...
just john Posted May 4, 2011 Share Posted May 4, 2011 Not just married / divorcing couples but unmarried couples. (on BBC news but only mail-online) mail. /Unmarried-couples-live-split-assets-break-court-rules Link to comment Share on other sites More sharing options...
idun Posted May 4, 2011 Share Posted May 4, 2011 This all outrages me. If people want to have their affairs in order then they can without this. They can sign 'trust issue' things when they get together, sorting it out with a solicitor, or they can simply get married, which can be cheap to do and is legally binding. As far as I am concerned it waste court time and people should not be so darned stupid.I knew in the mid 70's that when you live together that is all you are doing, and you then have to accept the risks involved if you aren't prepared to sort things out legally. Link to comment Share on other sites More sharing options...
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