The judicial attribution of the use of the family home in cases of marital crisis and its registry repercussions Second part

Abstract

In this second and last part of this work, we analyze the subject who owns the use of the family home, the legal interest protected in the judicial attribution of this right of use and the different criteria for said attribution, depending on the case, depending on the existence of minor or disabled children (with exclusive custody and custody, shared and shared custody and custody), the absence of children or the exclusive existence of children of legal age, since all the children have exceeded the minority old.

We also address a hot topic, from a practical point of view, such as the mortgage and other expenses related to family housing; In this sense, we provide numerous jurisprudence, in order to help us clarify which of the spouses has to bear the different expenses derived from the family home and its use, once this use is attributed to one of the spouses (p For example, the periodic repayment installments of the mortgage loan formalized, where appropriate and in due course, to finance the acquisition of the habitual residence, the expenses related to the community of owners, IBI, supplies or services of the house, such as electricity , water, gas, telephone, etc ...).

Finally, we conclude the second part of this study, on the one hand, with the examination of the duration of the right of use and of the two, disparate and contradictory, existing doctrinal and jurisprudential trends, on the indefinite nature or the possible temporal limitation of the attribution of the use of the family home, with minor children, and, on the other hand, with an exemplary list of the possible causes of extinction of the aforementioned right of use, with special emphasis on the particular examination of the new marriage or coexistence marital supervening of the user spouse with a third person in the family home.