<<Transmissions made ​​by individuals as per the payment in the family home of the mortgagor or guarantor for the cancellation of debts secured by mortgage falling upon it, contracted with credit institutions or any other entity that, professionally, perform the activity of granting loans or mortgage loans. Also, transmissions are exempt housing in presenting the above requirements, made ​​in judicial or notarial foreclosure.>>.

That is the case of a residence of the mortgagor (or guarantor) , if in payment for debt cancellation or foreclosure, such a transfer is exempt from the Municipal Capital Gains.

According to the Law: <<To enjoy the right for the exemption the debtor or guarantor transferor or any other member of the family is not available at the time to avoid the foreclosing, other property or rights in amount enough to meet the entire mortgage debt. Compliance with this requirement is presumed. However, if later, it is found otherwise, it proceeds to turn the corresponding tax assessment. For this purpose, it is considered family home the one in which the taxpayer has figured recorded at the Town Hall census continuously for at least two years prior to transmission or from the time of acquisition if that term is less than two years. Regarding the concept of family unity, this is subject to the provisions of Law 35/2006 of November 28th of Return Tax of Individuals and Partial Modification of the Corporation Tax Law, Non-Residents Retruan Tax and Wealth Tax. For this purpose, the marriage will be equated with the domestic partnership legally registered.>>.

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