In recent years, after having the need to amend the rules on the use of the family housing, given its vital importance in the context of subsequent measures to marital or relationship breakdown, there are different regions that have begun make changes, although much remains to be done in this matter.

We will focus on the provincial legislation that governs this matter in Catalonia (Article 233-20 of Book Two of the Catalan Civil Code) and Aragon (Article 7 of Law 2/2010, of May 26, Equality before the Family Relations Coexistence breaking Parent).

The Catalan law distinguishes for the allocation of the use of housing, lack of agreement or approval of the same, according to whether or not minor children. If there are minor children, preferably use is attributed and family trousseau attributed to the spouse who has custody and “while it lasts”; adding that even in the event of minor children, the judge may grant the use of the family home to the spouse who does not have custody of the minor children if the neediest and the spouse to whom the guardian has means sufficient to cover their housing needs and that of their children. If there was no offspring, it is attributed to the use of temporary housing to the spouse having more need of it, and while this need persists. It also provides for the possibility that the judge replace the attribution of use of the family home by other residences if they are suitable to meet the housing needs of the spouse and children. Also contemplating the house belongs in whole or in part to the spouse who is not a beneficiary, indicating in this case that the attribution of use of the dwelling must be weighed as a contribution in kind for fixing alimony and child the compensation which may eventually accrue to the other spouse.

The Aragonese law, is the first law in Spain that establishes criteria for granting the use of the family home in cases of joint custody, as distinct from the cases of sole custody. In the event of assignment of individual stores is attributed, the same as in Catalonia use the custodial parent, but goes a step further than the Catalan legislation establishes the possibility of allocation to the non-custodial parent, failing agreement, if this represents the best interest of family relationships. Both in the case of joint custody as in the case of individual stores, such use of the family home is temporary, indirectly prohibiting the attribution of use of the dwelling indefinitely, which is in contrast to the Catalan law as as we mentioned above in the Catalan legislation only provides for temporary allocation on the assumption that there are no common children maintaining the possibility of using housing indefinitely the parent holding the guard and “while it lasts.” As a novelty that does not contain the Catalan regulation is the possibility that the judge agreed the sale of the family home when this is necessary for a proper family relationships, but does not indicate when the judge can take this measure does not provide for the possibility after Sales of the award to one parent if the property is community property or termination of the condominium, if they belong in undivided.

Sara González Benjelali

Lawyer