Currently, a new controversial situation is emerging in the attribution of the use of the home to one of the spouses for family use when the couple breaks up. The issue mainly focuses on the determination of the right of use and the effects produced by the coexistence of the parent who is assigned the use of the family home, together with the minor children, with their new partner.
In this topic we are not discussing the fact that each parent is free to have new partners in their life, but rather that this relationship is used to cause harm to the other. Specifically, the parent who is not the beneficiary of the home or custody of his or her children must support the partner of his or her ex-husband or ex-wife.
The Courts and Tribunals are trying to solve these situations since it represents unjust enrichment and abuse of rights on the part of the parent who lives with his children in the family home.
At the moment in which a third person enters the family home (the new partner of the person assigned the use), the character of a family home disappears, since it loses its nature because it serves a different and different family in its use. which the non-custodial parent obviously has no obligation to maintain.
How to extinguish the compensatory pension for living with another person?
Consequently, it has been stated in the Ruling No. 641/2018 dated November 20 of the Supreme Court that, when a new couple begins to live together in the family home, the possibility of eliminating the compensatory pension and the right to remain in the family home opens up. Furthermore, said introduction of a third party completely changes the status of the family home because it is understood that it is serving a family other than the one established at the time of its attribution. Therefore, it represents an essential modification of the circumstances that gave rise to the attribution of the use and enjoyment of the family home.
Definitely, to extinguish the compensatory pension for cohabitation with a new partner It is required that it be proven in the judicial procedure that the coexistence is lasting and stable, and that it be demonstrated that there are strong sentimental ties that prove that said couple lives together comparable to the situation of marriage.
Attribution of the use of the family home temporal limitation
Consequently, these arguments are sufficient to support that stable cohabitation with a new partner extinguishes the right to use the family home after the breakdown of the marriage and even to the receipt of a compensatory pension, and consequently, opens the way to request a modification of the established measures.
If you want more information, contact us at the number 91 642 64 34 and our lawyers will assist you free of charge to study your case and its possibilities.
