ATRIBUCIÓN JUDICIAL DEL DERECHO PERSONAL DE USO DE LAS SEGUNDAS RESIDENCIAS O DE VIVIENDAS DISTINTA A LA FAMILIAR TRAS LA RUPTURA MATRIMONIAL.

Abstract

Catalan civil law, unlike general law, allows a judicial authority to assign the use of homes other than the regular family home in the legal process ensuing after a marriage has broken up, if by so doing the courts can better secure the higher interest of any underage children. The Supreme Court has had no occasion to give any pronouncements on this point, but in order to unify the doctrine used by provincial appellate courts it has just indicated that the use of homes or other properties other than the family home cannot be assigned in legal proceedings for the dissolution of a marriage without a consensus from the spouses.