Analysis of the attribution of the right to use the family home in annulment, divorce or separation procedures due to the Resolution of August 30, 2023, of the Spanish General Directorate of Legal Security and Public Faith

Abstract

This work discusses the attribution of the right to use the family home in nullity, divorce, or separation procedures. It focuses on various case scenarios, current jurisprudential criteria, the concept of the most in need of protection as an indeterminate legal concept, the Resolution of August 30, 2023, from the General Directorate of Legal Security and Public Faith, and the study of the issue in the CCCat. The importance of considering the gender perspective in this process is emphasized to assess socio-economic disparities between men and women. Various scenarios related to the allocation of the use of the family home in marital crisis situations are analyzed, considering the presence of minor children, the economic situation of the parties, and other relevant circumstances. The integration of women into the workforce is mentioned, as well as the relevance of the socio-economic conditions of the spouses when assigning the use of the home. Additionally, the duration of the allocation, the vulnerability of women, and the need for judicial protection are discussed.

Examples of questions:

What factors are taken into account to determine the attribution of the right to use the family home in divorce or separation proceedings?

How does current jurisprudence prioritize the allocation of the family home based on the most in need of protection?

What are the implications of attributing the right to use the family home based solely on economic factors and how does it affect women in vulnerable situations?