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Use of the family home

Rotating occupation of common property that was not the family home

Supreme Court · Civil Chamber · STS 1602/2025 · Appeal 4262/2020
· Note published and reviewed: 2026-10-27

The issue and the court’s approach

Rotating use could be sought against a former spouse’s exclusive occupation despite expiry of enforcement of an earlier division through both parties’ inactivity. Seeking a solution to continuing co-ownership was neither waiver nor abuse.

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Official source and identification

Supreme Court · Civil Chamber · STS 1602/2025 · Appeal 4262/2020 · 2025-11-12

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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