The Supreme Court has established that the father or mother who lives with their children in a family home on a joint basis and that introduces a new partner to live with them in a stable manner, loses the right to enjoy the use of that home.
In the ruling, the plenary session of the First Chamber of the high court explains that the parent, once the partnership is liquidated, must leave the residence.
The resolution dismisses the appeal of cassation of the prosecution against a ruling of the Provincial Court of Valladolid that had agreed to the extinction of the right to use the house because it considered that the entry of a third person into the property made lose its former nature of family housing, by now serving a different and different family in its use.
In this case, a couple from Valladolid divorced and the woman stayed with her children, minors, in the house they had shared. After a while, he went to live his new partner, so his ex-husband sued her. The Supreme Court affirms that the right to reside in the family dwelling is maintained "as long as this family character is preserved"
However, in the case that has studied the room, said character "has disappeared, not because the mother and children have stopped living in it, but by the entry of a third party, ceasing to serve the purpose of marriage. "And he explains:" The introduction of a third person makes the home lose its old nature. "
The Chamber recalls that "children's interests can not be separated from their parents', when it is possible to reconcile them", so "interest in abstract or simply speculative is not enough".
Therefore, "the same decision adopted at the time by the parents of end marriage, must now have to act in benefit and interest of their children regarding housing. "
And remember that the property character of the property facilitates other economic solutions that allow precisely that reconciliation of interests such as, for example, the third party to buy the part of the house that corresponds to the one that does not reside in it.