CRISIS CONYUGALES: LIMITACIONES DE USO DE LA VIVIENDA FAMILIAR.

Abstract

The latest provincial appellate court doctrine finds that in cases of matrimonial crisis (i.e. annulment, separation or divorce) the assignment and use of the family home must be done by applying article 96.3 («There being no children, it may be accorded that use of the family home, for a prudently set time, falls to the non-owner spouse, provided that the circumstances make this advisable and that said spouse's interest is the one that most needs protection »), in view of the interest that most needs protection, in concordance with the family interest under article 103.2, considering this as a general legal principle that must shape the application of the rules affecting these matters.