Assignment of the marital home: analysis of the ruling Cass. civ., Ord. n. 32151 of 2023
The recent ruling of the Supreme Court of Cassation, n. 32151 of November 20, 2023, offers important insights into the topic of the assignment of the marital home in case of divorce. In particular, the case examined concerns the request of A.A. to maintain the assignment of the family home, contested by his ex-spouse B.B. The Court held that, although the adult child had achieved economic self-sufficiency, the issue of the assignment of the home should be examined with care concerning the child's interest.
The legal context of the assignment of the family home
Article 155 of the Civil Code establishes that, in the event of separation or divorce, the marital home may be assigned to one of the spouses, taking into account the interests of the children. The ruling in question clarifies that the assignment of the home must consider not only the economic situation but also the housing needs, especially in cases where there are children, both minors and adults.
The family home must be assigned primarily considering the interests of minor children and adult children who are not self-sufficient to remain in the domestic environment in which they have grown up.
The specific case and the Court's decision
In the case of A.A. against B.B., the Court of Appeal of Reggio Calabria initially accepted A.A.'s request but subsequently acknowledged that the child, while frequently living in the family home, had reached a level of economic self-sufficiency due to stable employment. This led to an assessment that considered the well-being of the child as no longer tied to the need to maintain the assignment of the home.
- Primary interest in the well-being of the children
- Importance of housing stability
- Achievement of economic self-sufficiency
The Court reiterated that, in cases of economically self-sufficient adult children, it is not automatic to maintain the assignment of the family home, as the interest of the child is no longer bound to a stable housing necessity.
Conclusions
The ruling n. 32151 of 2023 represents an important clarification on the delicate matter of the assignment of the marital home in divorce contexts. It highlights the need to consider the economic self-sufficiency of the children and the primary interest in their well-being, without neglecting housing stability. This approach allows for balancing the rights of the parents with the needs of the children, providing a clear and updated legal framework for future disputes in this area.
