Divorced with Children Lose the Right to the Family Home if Living with New Partner

The Supreme Court prohibits the use of the family home to those divorced with children if they introduce a new partner into the family home.

This could put an end to an unfair situation where a new partner benefits from the use of the family home. In most cases the ex partner is paying to maintain the home as well as the children. The court uses the argument that by introducing a new partner into the home, it would then basically be the home of another family unit. This is considered as unfair with the new couple taking advantage of the family home.

If the spouse no longer residing in the home engages in litigation, the spouse who has been allowed to stay in the family home with the children, may likely have to sell the same and return the ex partners share of the investment.

Extract from El Pais:

“The plenary session of the First Chamber of the Supreme Court has ruled on the case of a family from Valladolid. The couple divorced, and the woman obtained custody of the minor children and, consequently, the right to use the house they had shared. Subsequently, the new partner moved to his home. The father requested a modification of measures. The court of first instance opted to reduce child support, but maintain the right to use the house. The man appealed, and the Provincial Court restituted the pension and declared that “the right to use the property attributed in his day to wife and children was extinguished at the time that proceeds to the liquidation of the community of acquisitions”. The prosecution resorted to cassation, but the high court has dismissed the appeal”.

For further information from a lawyer, contact: myra@citizensadvice.org.es

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.