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Use of the family home

Possession against an adult child in a community home and a spouse’s support order

Supreme Court · Civil Chamber · STS 1406/2025 · Appeal 1163/2024
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

The father could act individually to protect the common home against a son without title whose conflictual occupation had forced him out. The wife’s support entity did not also have to sue, given its functions.

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Official source and identification

Supreme Court · Civil Chamber · STS 1406/2025 · Appeal 1163/2024 · 2025-10-13

Original explanatory note based on the official Civil Chamber weekly summary. This is not a claim to have reviewed the full judgment. The English version is explanatory, not an official translation.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments.

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