Shared custody. Family home owned by the father. Temporary attribution of use to mother and daughters

09 Oct, 2017.- Given the legal vacuum regarding the attribution of the family home in cases of shared custody, the second paragraph of art. 96 CC, which regulates the case in which there are several children, some are in the custody of one parent and others in the custody of another, should be applied analogically, referring to the judge to decide what is appropriate.

See recent STS 3323/201

ROJ: STS 3323/2017 – ECLI:EN:TS:2017:3323
No. of Resolution: 513/2017 Type of Body: Supreme Court. Civil Chamber Municipality: Madrid Speaker: FRANCISCO JAVIER ARROYO FIESTAS Appeal No.: 1886/2016 Date: 22/09/2017 Type of decision: Sentencia

Juan Rivera Barbero

Juan Rivera Barbero

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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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