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Use of the family home

A new partner and occupation of the family home

Supreme Court · Civil Chamber · STS 641/2018
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

The Supreme Court upheld termination of occupation upon liquidation of community property, finding that stable cohabitation with a new partner had changed the home’s family character. Alternatives for meeting the children’s housing needs also mattered.

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Official source and identification

Supreme Court · Civil Chamber · STS 641/2018 · 2018-11-20

This is an original explanatory note. The cited material is official court note. Where a summary or study is cited, this note does not claim a full-text review of the judgment.

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General information on Spanish law. Application depends on the facts, applicable legislation and subsequent developments. English text is explanatory, not an official translation.

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