Today a controversial ruling by the Supreme Court that affects parents divorced with children has been released. The High Court establishes that the father or mother who lives with their children in a family home on a marital basis, and that leads their new partner to live with them in a stable manner, loses the right to enjoy the use of that house.
The entrance of a third party makes the house lose the character of "family home". According to the sentence, once the company of liquidators is liquidated, the parent must leave the house.
The case that motivated the sentence
This is a couple from Valladolid who, upon divorce, the woman stayed with her young children in the house that they had also shared with the father before. Some time later, the mother became a couple with another person, who came to live with her and her children. His ex-husband filed a lawsuit and now the Supreme gives him the reason: he considers that the right to reside in family housing is maintained "as long as this family character is preserved."
However, this character "has disappeared, not because the mother and children have stopped living in it, but because third party entry, ceasing to serve the purposes of marriage. "And explains:" The introduction of a third person It makes the house lose its old nature by serving a different and different family in its use".
In Babies and more How does divorce affect children according to their age (and how parents can manage it) And he adds, "the same decision taken at the time by the parents to end the marriage, they must now have to act for the benefit and interest of their children with regard to housing."
And remember that the property's gain character facilitates other economic solutions that allow precisely that reconciliation of interests such as, for example, that the third party buys the part of the house that corresponds to the one who does not reside in it.
Without a doubt, it is a controversial sentence that could affect many divorced couples, logic for some and an added difficulty for others, since in itself a divorce is not easy for any of the family members, neither from the point of view Emotional or economic. What do you think?
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