Dation In Payment Of The Mortgaged Homestead

Abstract

The indebtedness of Spanish households coupled with a marital crisis, requires finding solutions to combine the protection of family interests, mainly of children, housing needs of society and the satisfaction of the creditor's right to credit mortgage crisis when the family faces the mortgage payment that affects the family housing. Also, new laws on regional express recognition of the custody and control of the destiny of the family housing in cases of divorce and separation through formulas such as the sale of the house, let consider the use of dation in payment of the family housing as a way to avoid foreclosure in cases of marital crisis in the context of current economic crisis.