Assignment of the Family Home: Protection and Rights
The assignment of the family home is a central issue in separation and divorce proceedings, as it represents a crucial aspect for ensuring the housing stability of children and protecting the more vulnerable parties. At the Bianucci Law Firm in Milan, we offer expert and personalized legal assistance to address any matter related to the family home.
The family home is the property where the family has lived stably during the marriage or cohabitation. Its assignment does not pertain to the ownership of the property but to the right of use, aimed at protecting the family unit and especially the children.
The assignment of the family home protects the interests of the children and ensures continuity and serenity in the domestic environment.
Who has the right to assignment?
The right to the assignment of the family home is governed by specific criteria, including:
- Presence of minor or dependent children: Assignment is often granted in favor of the custodial or residential parent to ensure continuity of the home environment for the children;
- Interests of the family unit: Protecting the interests of the children takes precedence over other financial or personal considerations;
- Agreements between the parties: In cases of consensual separation, the assignment can be mutually agreed upon by the spouses.
Effects of the assignment
The assignment of the family home has significant consequences for both the assigned spouse and the owner:
- Restriction on the property: The assignment takes precedence over property rights, preventing the owner from freely disposing of it as long as the right of use is valid;
- Duration of the right: The right to assignment is closely linked to the presence of the children in the property and may cease when they achieve economic independence;
- Review of the provision: In case of changes in family circumstances, it is possible to request a modification of the assignment from the judge.
Our legal support
The Bianucci Law Firm competently and sensitively handles issues related to the assignment of the family home, offering:
- Consultation to understand rights and available options;
- Assistance in negotiating consensual agreements;
- Legal representation in judicial proceedings;
- Management of financial and real estate implications.
Thanks to our experience, we are able to support clients at every stage, ensuring appropriate legal solutions that respect family interests.
Generally, the assignment is granted to the custodial or residential parent of minor or dependent children to ensure the stability of the family environment.
The assignment prevails over property rights. The owning spouse cannot freely dispose of the property until the right of use is terminated.
A modification can be requested by appealing to the judge, demonstrating that significant changes have occurred in family or economic conditions.
The right to the assignment of the family home ends when the children achieve economic independence or cease to reside in the property.