The attribution of the use of the family home in cases of divorce or separation. After the children, is one of the most controversial and relevant issues.
First of all, we must know what is considerd a family
Home and what is usd as a habitual residence during a marriage or de facto partnership.
To know who is entitle to the attribution of the family home. The absence of an agreement between the spouses, we must refer to article 96 of the Civil Code:
In the absence of an agreement between the spouses gambling data mexico approvd by the judicial authority, the use of the family home and the objects of ordinary use therein shall correspond to the common minor children and to the spouse in whose company they remain , until all of them reach the age of majority. If among the minor children there is one with a disability that makes it appropriate to continue using the family home after they reach the age of majority, the judicial authority shall determine the duration of this right, basd on the concurrent circumstances.
But what if shard custody is establishd? The Civil Code does not contemplate this . If you find yourself in this situation, it is best to seek advice from family lawyers as they will be able to guide you to make the best decision or to propose the best you can claim the health insurance strategy in your case, in the event that we are facing a contentious separation or divorce.
What would happen in these cases? Let’s see what happens with the use of the family home in these cases.
The use of the family home in share custody
Before answering the question, let’s clarify some concepts:
First of all, the custody of minor children consists of determining with whom these minors will live in cases of separation or divorce. That is, the right that the minor has to interact with his or her parents. It can be exercisd by both parents (shared custody) or contact lists by only one of the parents (exclusive custody); the other parent will have the right to a visitation regime.
When determining what type of custody to establish, the best interest of the child will always be taken into account. It can be agred upon by the judge or by the parents.
On the other hand, we have parental authority , which should not be confuse with guardianship and custody. What is parental authority? Custody is a right that a minor has to interact with his or her parents. Parental authority is both the duty and the right of parents to care for their children (food, clothing, housing, health, etc.) and to represent them.