Disposition of the bare ownership of the family home

Abstract

The disposition of the family home is specially protected, requiring the consent of the other spouse who is not the owner of the same, in order to protect the right of use that corresponds to the other members of the family. In other words, the restrictions on the limitation of having the 1320 CC correspond to a special zeal on the part of the legislator, so that the family continues to have a place to live, and the use is not eliminated without at least the consent of the other spouse.

However, can the bare ownership of the family home be disposed of without the consent of the other non-owner spouse? In principle, since the disposition of the bare property does not harm the use that the rest of the family members can make, the answer must be positive. It is analyzed in this work if it is possible, and what consequences has the disposition of the bare ownership of the family home, remaining in the use of it the other non-owner spouse and the rest of the family members.