Mortgage obligations and joint liability during separation

Legal and financial obligations for joint mortgages do not automatically change during a divorce or separation. In the case of Infonavit financing, such as 'Crédito Conyugal' or 'Unamos Créditos', the debt remains subject to the original contract terms regardless of marital status. Divorce agreements between spouses do not inherently modify the obligations owed to the institution unless a formal modification is authorized.

Similarly, in joint mortgage agreements, ownership percentages in property deeds do not necessarily dictate debt responsibility. Under standard 'solidary' mortgage terms, both signers are responsible for 100% of the debt. This means a lender can claim the full remaining balance from one individual, even if that person only owns a minority percentage of the property. To limit liability to a specific share, parties must negotiate a 'joint and several' (mancomunada) arrangement, which is an exception that requires explicit bank approval.