Family home

Specialisation in Family Law

Seeking a balance between the right of use to protect those most in need and preserving the property rights of the owner.

The family home has been the place where the couple has spent much of their family life. Sometimes it is also the only property to have been purchased with a great deal of effort, which shows how financially significant the home is in the event of a breakup.

At the time of this breakup it has to be decided who will continue to live in the family home. Hence it has to be settled whether the children under 18 will live there or alternatively which member of the couple has a greater need to continue using the former family home.

In separation or divorce proceedings, the use of the family home is one of the issues to be resolved.

Nevertheless, this need or right of use has to be set against the property rights of the owner. This is because if they have to give up use of the home, their proprietary rights will be restricted. To mitigate the conflict of interests and rights inherent in the family home, there are several options for replacing any right of use which one of the spouses may have by other properties or by paying a monthly allowance to cover the cost of renting a property.

vivienda familiar

We are based in Barcelona and provide comprehensive and international family law advice