Modification of definitive matrimonial measures. Housing allocation. Possibility of modifying the attribution of housing when the children reach the age of majority.

The STS 11/11/13 (Rc 2590/2011), studies the cases in which the family home is attributed to minor children, in cases of breakup of cohabitation, separation or divorce of the parents, those reach the age of majority. In these cases, it resolves: “The age of majority reached by the children to whom the use was attributed leaves them in the situation of
The husband and wife are equal before this right, facing each other in a new situation that necessarily takes into account, not the preferential right resulting from the complementary measure of custody and guardianship, but the interest of superior protection, which they justify from then on, and for a determined time. The fact is that, once the children reach the age of majority, such a variation
The objective criterion of automatic attribution of the use of the dwelling established in Article 96 in the absence of agreement between the spouses ceases, and the question of its assignment can be raised again, and both spouses can request a different regime from the one initially established due to the minority of age of the children, in concurrence with other supervening circumstances”.


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