Effectiveness of the mortgage debt assumption agreement between spouses, solidarity co-debtors

Abstract

We want to focus the study of this work on analyzing the effectiveness of a specific debt assumption case. The approach of the assumption serves only as an excuse to enter a very complex problem. It may be common for spouses to claim to liquidate the society after divorce. To do this, they can agree the attribution to one of them of the habitual dwelling as well profit, assuming the payment of the pending price of the mortgage. After the liquidation, one of the spouses acquires the full ownership of the habitual dwelling thus extinguishing the condominium. The one who obtains the total attribution assumes all the mortgage debt, subrogating in the position of the other debtor. [1] We will study the effects of this agreement, what the exspouses are obliged to do with this agreement. It will depend on the creditor’s position and whether or not he consents the assumption between solidarity co-debtors, but it will be mandatory to assess what exactly the spouses were obliged to do when they made this agreement.