Courts Will Accept Dación en Pago With Agreement of Only One SpouseDacion en pago divorce: a practical example
A practical example of this rule would be where a couple own a property jointly and are jointly and severally liable under a mortgage on the property, where the mother of one the spouses acts as guarantor. Upon a divorce, one of the spouses fails to agree to the terms of the divorce and they fall behind in the mortgage payments, thereby arising the option of dación en pago. However, the spouse whose mother is not acting as guarantor refuses to sign the dación en pago in order to cause hardship to the other spouse.
In such circumstances the only option to avoid financial hardship being the process of dación en pago, the Court may, on studying the matter in depth, agree to a request by the spouse whose mother acts as guarantor, to grant an order allowing for the dación en pago to take place, without the consent of the other spouse, who is also owner of the property.