If your ex-partner stops paying what corresponds to the mortgage on the family home, and leaves your children and you in a situation of helplessness, you can file a complaint against him orher for a crime of family abandonment established in article 227 of the Penal Code.
We must not forget that your ex-partner may be committing this crime whenever he fails to pay two monthly payments consecutive monthly payments or four monthly payments inconsecutive.
The Supreme Court has considered that the non-payment of mortgage payments is a damage to the children that must be repaired by criminal means, unless the accused has an impossibility of payment, which must be proven in court.
Regardless of the criminal complaint, a civil claim can also be filed to return the part of the mortgage that corresponded to him and seize his assets, always taking care that there is no double payment in civil and criminal proceedings.
At TOSCANOLEX we are specialists in Criminal Law and Family Law, so if you need legal advice on defaults, you can contact us
