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Half Paid Mortgage and Separation – Forum

Hi Gerard.

If you are married in community, what you have paid so far on the mortgage has helped you to get the percentage of home ownership that you have paid. For example, if you have paid 5% of the price of the apartment during these years, that 5% is now yours.

If you are married in separation of property, you have technically been donating money to your wife this entire time. Therefore, she should either pay the appropriate gift tax, or return that money to you so that it is not considered a donation.

Likewise, if you are a co-owner of that mortgage loan, you will continue to be even if you no longer live in that apartment. If you want to get rid of it, you will have to carry out a mortgage novation for the bank to remove your ownership.

We hope to have solved your doubts.

All the best.

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