The Supreme prohibits the use of the family home if a new couple enters to live

The Supreme Court has established that the father or mother who lives with their children in a family dwelling on a joint property basis and that takes his new partner to live with them in a stable way, loses the right to enjoy the use of that house.

In the ruling, the Plenary of the First Chamber of the Supreme Court explains that the parent, once the partnership is liquidated, must leave the house.

The judgment appealed had agreed the termination of the right of use at the time the liquidation company proceeds to be liquidated, considering that the entry of a third person into the dwelling made it lose its former nature as a family dwelling, by now serving a different and different family in its use.

The chamber ratifies the arguments and the ruling of the appealed judgment and dismisses the appeal. The introduction of a third party in the home, in a clear stable relationship with the parent who benefited from the use for having been assigned custody of the children, changes the status of the family home, in the same way that affects other aspects such as pension compensatory and even the interest of the children, because it introduces valuation elements different from those that were taken into account initially.

The right to use the family home is conferred and maintained

The right to use the family home is conferred and maintained as long as it retains this family character. The interest of the children can not be separated absolutely from that of their parents, when it is possible to reconcile them. In the case, the property character of the property facilitates other economic solutions that allow precisely that reconciliation of interests.