Criterios para la atribución del uso de la vivienda familiar, una propuesta de lege ferenda

Abstract

The attribution of the use of the family dwelling is one of the most controversial aspects that occur in cases of separation, annulment or divorce, as each spouse or former spouse wants to have it. That family dwelling will be attributed to the party agreed in the divorce settlement, or in the judicial decision issued by the judge, regardless of who is its owner. Special reference is made to the forms of attribution of the use of the family dwelling preached by Section 96 of the Civil Code, and the problems that it raises, as well as to the case law, very abundant in this area, and sometimes contradictory. I believe that this provision should be reformed without further delay, since the circumstances are no longer the same as when Law 30/1981 was enacted.Attribution of use. Family dwelling. Marital Crisis. Spouse. Minor and disabled children. Children of full age.