NEW SUPREME JUDGMENT ON THE USE OF FAMILY HOUSING AFTER DIVORCE, WHEN A NEW PARTNER APPEARS.
The Supreme Court has established that the right to reside in family housing is maintained “as long as the family character is retained” and that:
“the father or mother who lives with his children in a family home on a profit basis, and who introduces his new partner to live with them in a stable manner, loses the right to enjoy the use of that house.”
The Supreme’s ruling is a pioneer in the matter and states that the introduction of a third person in the family home extinguishes the right to use it since it has ceased to serve its former nature of family housing.
In this case, a couple from Valladolid divorced and the woman stayed with their children in the family home. After a while, she entered her new partner to live, so her ex-husband sued her, and she won the procedure. The Supreme explains: “The introduction of a third person causes the house to lose its old nature by serving in its use a different and different family.”
It is often the case that when a parent is divorced, he keeps the use of the family home. But from the Supreme’s ruling, this right to use the home is lost if the spouse forms a new partner that enters to live with it, so the Supreme indicates that the profits must be settled or that an amount be paid as a landlord otnation.
IF YOU FIND YOURSELF IN A SIMILAR CASE, OR WANT ADVICE ON WHO IS AWARDED AND HOW TO USE FAMILY HOUSING IN DIVORCE PROCEEDINGS, THE TOSCANOLEX TEAM OF LAWYERS IS AT YOUR DISPOSAL AS FAMILY LAW EXPERTS, ADVISING YOU ON ALL LEGAL ASPECTS OF SEPARATION AND DIVORCE.
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