Division of marital property

In a recent case, the Supreme Court (TS) has resolved a dispute between former spouses regarding the family home, a very common issue after divorces. When the couple separated, it was agreed that the mother, as the parent with custody of the minor children, would continue living in the family home with them. Over the years, the children became independent and the father requested an end to that use in favor of the mother, also initiating the settlement of the common assets of the couple. The interesting part of the matter is that the father requested that, in the distribution of common assets (the so-called "division of marital property"),

he be compensated for not being able to use the home during that time. He wanted a credit in his favor to be included in the balance for half the rental value of the house during that period. However, neither the court nor the Provincial Court nor, finally, the TS ruled in his favor. The TS clarifies that there is no specific law

that obliges to financially compensate the spouse who did not enjoy the home if its use was assigned to the other, especially considering that the house was assigned with the children in mind. Furthermore, it emphasizes that the child support calculated in these cases already takes into account the accommodation of the children and the caregiver, so there is no "unjust enrichment" for the mother. In conclusion, as long as there is no law stating otherwise, it is not possible to request automatic compensation for the use of the family home when, after the divorce, it is exclusively assigned to the other parent for the benefit of the children.

In disputes regarding the family home after a family crisis or during and after the processing of a family law case, our professionals will provide you with the necessary legal assistance and take the appropriate actions as needed. cannot be requested automatically a compensation for the use of the family home when, after divorce, it is granted exclusively to the other parent for the benefit of the children.

In disputes regarding the family home after the family crisis or during and after the processing of a family process, our professionals will provide you with the appropriate legal assistance and take the necessary actions, if applicable.