The criterion used is quite simple: every time the couple has a minor child, of age but not yet self-sufficient or handicapped, the judge assigns what was once the former family home to the parent with whom the child himself is placed.
As a consequence, in the absence of children or in the presence of adult children with their own income, the house remains with its legitimate owner.
The court’s decision can only concern the dwelling in which the family lived permanently before the separation, the so-called habitual residence or family home. It cannot, therefore, involve additional properties such as, for example, the holiday home or any other property bought as an investment.
Can the former wife cohabit with her new partner to the assigned family home?
The purpose of the assignment of the house to the former spouse is not to guarantee the latter economic support (support that is already paid by the maintenance allowance) but to allow the children to continue to live in the same domestic habitat, avoiding the further trauma of the transfer.
Is the former wife who cohabit with the new partner entitled to maintenance?
If in principle, the jurisprudence considers that a new stable cohabitation makes the right to maintenance terminate, the United Sections of the Supreme Court have however excluded from this consequence the cases in which the former wife has renounced to her own career to look after the family and children. In this case, in fact, the maintenance allowance remains despite the new cohabitation, in order to guarantee the beneficiary a decent standard of life.
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