Who 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, que no lo separe un juez” exploring some of the possible consequences of the ruling (one of which might be a blizzard of petitions from ex-husbands requesting a modification of their divorce agreements).

The big question is, how fair is the TSJ ruling? Will obliging the economically weaker party (more often the ex-wife) to pay 50% ruin her financially? Will continuing to oblige the non-custodial parent (usually the father) to pay more ruin him?

One solution might be a pensión compensatoria for the weaker party while he or she takes steps to firmer financial footing.

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