Wednesday, 28 November 2018

Paradigmatic ruling on family housing after divorce


¿ Are you divorced with minor children and your former partner stayed with the family home? Well, then we have news to give you. Now the divorced with minor children will lose the right to the family home if they cohabit with a new stable partner, that is, the father or mother who has custody of the children and begins to live with a new partner in the family house that he shared with your previous partner will not be able to continue residing there with a third person, unless you buy the part of the property that does not belong to you. This is because the former couple may request the judge to dissolve the joint ownership company, in order to sell the house or to reach another type of agreement that allows them to obtain their share of the common property.

When a third person enters the residence, it loses its nature as a family home as it happens to house a different family.

It is important to mention that this only affects divorces where there is a marital property regime, where it was not possible to liquidate the common patrimony because one of the spouses was left with the legal custody of the children, consequently with the right to use the family home.

The man who motivated this innovative sentence paid 50% of the house in which the new partner of his ex-wife lived since after the divorce she was left with custody and with the family residence. To solve it, this man decided to hire the services of a detective to show that his ex-wife lived there with his new partner and that the two had a stable life.


Since as a contrast, they had the legacy of another sentence that gave the reason to the other party for his own reason, because with the help of a lawyer and the private detective evidence this man revolutionized the right to the family home by the ex-partner when This is in another stable relationship and living in the residence that would be of both.

To read the news of the sentence click on the following link:
https://elpais.com/sociedad/2018/11/23/actualidad/1542979125_062811.html

Sindia Alves and A. Oliver
Anthropologist and Detectiu
by Detectius Oliver

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