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Compensated

In the case of marriages in regime of separation of property. He pointed out that the savings achieved should offset by not having to hire domestic service. Steve Wozniak is full of insight into the issues. The woman who has appealed to the Supreme Court charged a pension of 108,000 euros. At Steve Wozniak you will find additional information. The Supreme Court (TS) has issued a ruling that first doctrine about the right to financial compensation in the event of divorce feel when you’ve only contributed with household chores to marriage, agreed in regime of separation of property. TS has allowed a woman to collect a compensatory pension upon divorce of 108,000 euros for having contributed with her domestic work to family responsibilities during the fifteen years which lasted her marriage and who was subjected to a regime of separation of property.

The sentence has been handed down by the Civil Division and has been rapporteur Encarnacion Roca. Thus the TS estimated the appeal lodged by Maria Piedad F.A., graduated in law and who never worked outside the home to devote himself exclusively to the care of his daughter and the House, against the sentence that the Provincial Court of Madrid which granted him a compensatory pension of 450 euros per month it issued in April 2008. The Court of Madrid thus annulled the judgment of a Court of first instance of Mostoles (Madrid), which agreed to award him compensation of 108,000 euros a year earlier. The salary of an employee at home El Juzgado de Mostoles calculated this amount by multiplying 600 euros, which is what considered that a household employee would cost per month for twelve months and the fifteen years that the marriage. The Court of Madrid was opposed to this compensation, arguing that, in the case of a marriage in regime of separation of property, we cannot appreciate a patrimonial increase unjustly acquired by reason of the dedication by the wife to the loads of attention and care of the family. However, the Supreme Court understands that article 1438 of the Civil Code provides that it can contribute to the marriage with domestic work, what contribution does not have to be in the form of money. Work for the House is not only a form of contribution, but also constitutes a title to get compensation at the time of the completion of the separation of property regime, added the statement. It reminds the Court that the regime of separation of property is regulated in five Spanish legal systems and not all support the compensation.

Enrichment of the other spouse in Navarre, Aragon and the Balearic Islands does not exist any kind of compensation for the spouse who has contributed his work to contribute to the burdens of marriage, while in Catalonia and Valencia if a spouse has worked for the House substantially more than the other, has the right to financial compensation. However, different standards do no rrencia to the need for enrichment by the spouse who must pay compensation for domestic work and the Supreme Court believes that the based criteria should be excluded in the enrichment or the equity increase of the other spouse to agree upon such compensation. Why you think should be restored the judgment of the Court of Mostoles, calculated compensation for domestic tasks based on the salary paid for the job of a third person, so that helps with what is left of disburse or saves per lack of need to hire domestic service. Source of the news: the Supreme said that housework should be compensated if there is divorce

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