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Court rules divorced couples must split mortgage equally

Source: El Pais - Mon 25th Apr 2011

In an unprecedented ruling, Spain's Supreme Court has decided that in the event of divorce, a home mortgage must be repaid in equal shares by both spouses. The decision favours Javier M.D., a divorcé who was told by the Provincial Court of Valencia that he had to put up 80% of the repayment due to his economic situation. That court considered the mortgage part of his alimony payment.

The Supreme Court recognized that there was contradictory jurisprudence on the subject at the provincial level, and decided to set a legal precedent by establishing that payments on a loan entered into by both spouses fall under the joint responsibilities of the community property regime, which makes both parties equally bound regardless of income.

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