THE FAMILY HOUSE ALLOCATION AFTER THE MARITAL CRISIS AND THE EXTINTION OF THE COMMON LAW COUPLE

Identifier:  TFG:517

Handle: https://hdl.handle.net/20.500.11797/TFG517

Authors:  Filipetto Serra, Flavia Andrea

Abstract:
The family house is a space where the family members develop their family relationships and meet some of their basic needs. One of the main problems to be resolved in cases of marriage couples or common law couples on crisis is the use of the family house, regardless of whether the parties have reaches an agreement. In case of not arriving to an agreement, it is the judge who must determine the effects, in conformity with the art. 233-20 CCCat in case of marital crisis and in conformity with the art. 234-8 CCCat in case of common law couples. The family house allocation is a very typical issue because of the economic situation that our country is going through. This paper analyze, from a legal perspective, what happens with the family in the previous cases of ending the cohabitation, such as the existence of children, ownership of the property or rights levied on the property. Also this paper analyze the legal nature of the family house use, taking into account the different doctrinal positions, the possibility of registration the right of use, the obligations of the right of use and the causes of extinction of it.