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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Husband who makes contributions to a pension plan during his marriage subject to the community property regime: The wife has the right to claim the contributions made during the term of the marriage for the common partnership, notwithstanding the privative nature of the fund itself.

Based on art. 1,361 CC, which presumes that all the assets existing in the marriage have a community property character until proven otherwise, the Civil Chamber of the Supreme Court, in its judgment no. 618/2022, dated September 21, 2022, resolved in cassation, recognizing the origin of an asset item consisting of a credit in favor of the community property and against the husband, for the amounts contributed to his pension plan during the validity of the community property regime.
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