Family Home assigned to the former spouse with daughter studying in another city.
Italian Supreme Court has confirmed the legitimacy of its decision about the assignment of family house to the former spouse who lives with the daughter who studies in another city which has maintained a strong connection with the place of residence. In such case, the daughter was not economically independent. Then, Italian Court has recognised that the family house assignment was an instrument of protection for sons and daughters’ stability.
This was the outcome of the judgement no. 25604/2018. In fact, Art.155 quater (introduced by law no. 54/2006) states that the enjoyment of the family house shall be assigned taking into consideration children’ needs. This provisions tends to recognise the value of the home environment in order to keep children’ habits and their social relationships.
This judgement demonstrates that family home is strictly connected with the well-being of children and its assignation must respect children’s needs and expectations.