LA VIVIENDA FAMILIAR EN CASO DE CUSTODIA COMPARTIDA. SUS IMPLICACIONES EN EL DERECHO DE COSAS.

Abstract

The family home is a special-purpose property, the place that hosts family life. Accordingly, there are special laws and legal procedures that apply to it. When the couple who originally formed a family community breaks up, the problem of who gets to use the family home arises; and when the members of the original couple share the custody of young children, the problem is worse. Who is entitled to use the family home in shared custody cases? One parent only? Should they alternate? Take turns? Should they share? Should they set up two family homes? This study attempts to address all these problems. It also discusses the need for the parents in such cases to have their right of family home use and the system of use they are applying registered. The study goes on to examine the consequences of assigning use of the family home in shared custody cases through the lens of property law.