The preferential assignment of the marital housing to the non debtor spouse in the insolvency proceeding

Abstract

The 22/2003 law, of insolvency, 78.°.4 provision, allows to the non debtor spouse to demand that the marital housing be preferentially awarded on his possession about the marriage partnerships settlement. This work analyzes matters like the meaning and purpose of the provision in the insolvency law, the legal requirements to proceed with preferential award of the marital housing, its including in the insolvency process, or what are the parameters to use to value the housing. The work finishes making a critical reflection about the current text of the provision and the present regulation regarding the marital housing and the individual’s insolvency proceeding.