According to an El País article that appeared on 24 April
the Tribunal Supremo (TSJ) has just ruled that after divorce ex spouses should bear mortgages equally. The ruling overturned the decision of a provincial court that a father pay 80% of the mortgage on the family home, arguing that the man had sufficient resources to do so.
The TSJ reasoned that mortgages are simply another debt against the “sociedad de ganancias” formed when a couple marry and therefore should be divided equally just like other debts (and assets) when the marriage ends.
Divorce rulings in Spain customarily award the use of the family home to the custodial parent. The non-custodial parent is ordered to pay a “pension alimenticia” which can include the lion’s share of the mortgage payment on a home he (or she) no longer occupies. The practice has been decried by “fathers rights” groups who claim that divorced men are becoming homeless as a result.
The TSJ decision seems to be part of a trend in recent court rulings to separate assets from custody issues. It’s a controversial area of the Spanish divorce law that has pitted feminist organisations against groups that favor shared custody. Judging from the number of comments the El País article sparked – 163 on the same day the article appeared – the issue leaves few indifferent.
[...] Pays the Mortgage After Divorce? Since the Tribunal Supremo(TSJ) announced its decision last week there has been plenty of reaction. On Saturday, El Páis published “Lo que la hipoteca unió, [...]
In my divorce I asked for right of removal of my 5 children to return to the UK where we had lived over a year previously as well as a large proportion of my 12 year abusive and nomadic marriage.
2 properties were not dealt with. My ex receives rent.
The so called family home was made available for use despite the fact that my intention was to return to the UK (I had no job in Spain or earnings) and the fact that my ex who is military had a new posting in a faraway part of Spain. The strange judgement ruled that I was to have use of the house and my ex was to pay the mortgage. If I returned to the UK then I lost use of the house and my ex has use and still pays mortgage. My ex got custody of our 5 children (military on his own and he was questioned for domestic abuse against us) Also I was ordered to pay maintenance, but how was this amount calculated if I earned zero?
I read somewhere that neither party should be left worse off in a divorce case or it is to say at least somewhat provided for. Well I was left penniless. Not to mention the heartbreak of losing my 5 children and suffering parental alienation. I am still fighting now. My main problem is finding funds to see my children every month (flights, hotels) and also to pay my lawyer, etc to fight for custody of my children. Plus wasted journeys to courts in Spain to defend myself against spurious allegations. Can anyone offer help or support? Has anyone else had this scenario in court?