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Home›Cases›Children of legal age: commented cases
Family · Criminal · Inheritance

Cases about adult children, studies and family housing

Family law cases · Madrid

2 cases commented on this topic

The cases occur in a generalized way. Allegations, agreements and petitions are distinguished from proven facts and judicial decisions. Each situation requires individual study.

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Family · Children, custody and decisions

Parental agreement on religious training and activities of the child

A divorce agreement reserved to the consensus of both parents decisions about the religious or secular orientation of the child and his participation in certain acts of worship. It also included medical and educational decisions.

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Family · Housing and assets

Allocation of a common home and payments during the transition

A divorce proposal provided for one of the spouses to acquire the other's share in the common home. Until this operation was completed, whoever remained in the property assumed the mortgage payments under the terms of the agreement.

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Family · International families

maintenance when a parent works and lives in another country

Comparing income between parents who live in different countries also requires knowing their expenses, charges and documentation. This response discussed the ability to pay for maintenance and proposed a contact schedule that took into account distance and cost of travel.

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Criminal · Procedure and penalties

Investigation for fraudulent concealment of assets and opposition to measures on a property

In an opposition brief, a request for preventive annotation, prohibition of disposal and seizure of income linked to an investigation for alleged seizure of assets was discussed.

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Family · Housing and assets

Discussion on the nature of a rental contribution

In a response to a variation of family court orders, one party objected to reviewing a contribution to rent and accommodation provided for in the agreement. The letter insisted that this commitment should not be confused with spousal maintenance.

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Criminal · Procedure and penalties

Appeal against the dismissal of an investigation with a minor

An appeal questioned the provisional dismissal of an investigation related to a minor. The appellant considered that certain professional reports, statements and recordings had not been valued appropriately.

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Family · International families

Scope of a transfer authorization in an international family

An answer to a custody lawsuit described a previous cohabitation in another country and the subsequent displacement of the children to Spain. The objecting parent was discussing how an authorization issued in a previous context had been used.

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Family · Children, custody and decisions

Change of school due to educational needs and new distances

Disagreement about a school can go beyond preferring an educational project. In this case, the power to decide on a change of center was requested, alleging adaptation difficulties, new addresses and a cost comparable to that of the previous schooling.

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Family · Children, custody and decisions

birdnesting arrangement and distribution of care during the work day

A proposal to modify the agreement revised a nest-house organization: the children remained in the home and the parents alternated. The previous system included one attending to certain school routines during the other's shift for work reasons.

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Family · Maintenance, expenses and unpaid support

spousal maintenance and retirement of both parties

A request for modification disputed the continuity of spousal maintenance after the retirement of the person paying it. It also alleged job changes and subsequent retirement income of the beneficiary.

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Family · Children, custody and decisions

Common account of the children and discussion about the destination of the funds

In shared custody, a dispute may arise over what can be paid with child contributions. The document examined discussed whether the resolution had created an account limited to school receipts or a pension intended to meet the broader needs of a minor.

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Family · Children, custody and decisions

Arranging care if a parent is temporarily disabled

A separation proposal with shared custody provided for what would happen if an illness, hospitalization or prolonged absence prevented one of the parents from caring for the daughter. The text gave priority participation to the other.

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Family · Children, custody and decisions

Shared custody with temporary birdnesting and unequal incomes

How do you consider a divorce when both parents want to continue taking care of their children, one has variable work schedules and the home belongs to only one? A lawsuit with these characteristics allows us to see how a custody and economic organization proposal can be finalized.

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Family · Children, custody and decisions

shared custody and adaptation of children to a new family

In a response to a petition for variation of family court orders, a parent opposed changing the shared custody arrangement. The conflict included disagreements about the children's adaptation to the new family life.

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Family · Children, custody and decisions

shared custody and support needs of a child

A proposed agreement organized the cohabitation for alternate periods of a child with additional care needs. The text contemplated the participation of both parents and rules for exchanges and the people authorized to carry them out.

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Family · Children, custody and decisions

Custody when both parents have irregular schedules

A divorce complaint described a family in which both parents worked with shifts, trips and absences from home. The plaintiff stated that they had taken turns caring for the children and had had domestic support.

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Family · Children, custody and decisions

Request for shared custody with reduced hours and little support

A request for parent-child measures reported that both parents had shared the care of a young daughter and that they lacked a close family network. The father provided a reduction in working hours and requested to maintain extensive participation in this care.

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Family · Children, custody and decisions

Urgent health decisions and communication between parents

A proposed agreement distinguished important decisions that had to be made jointly from urgent actions that did not allow the other parent to be consulted first.

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Criminal · Procedure and penalties

defence that invokes a mental disorder

A criminal defence requested acquittal and also alleged a psychological alteration that, according to their approach, affected the accused person's understanding of the facts.

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Criminal · Procedure and penalties

Crossed complaints and request to examine both stories

In a criminal defence, the accused person maintained that he had also suffered an assault. The letter referred to documentation of injuries and requested that that version be examined along with the complaint directed against her.

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Family · International families

School decisions after a child moves

One parent was opposed to the other receiving certain decision-making powers over the daughter. The letter related the disagreement to a change of residence and to schooling in a chosen center without the consent that the party considered necessary.

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Family · Housing and assets

Divorce and return of the contribution to the rental deposit

In a proposed divorce, one of the spouses continued to reside in the rented home. The agreement included returning to the other his part of the deposit provided at the beginning of the contract.

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Family · Children, custody and decisions

Divorce and attribution of care of companion animals

A divorce request included, along with financial issues, the request that the pets remain with the person who claimed to have taken care of their daily care.

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Family · Children, custody and decisions

Divorce with children and geographical distance: how to organize custody, visits and maintenance

When a couple separates and the parents live far away, questions arise about daily care, contact with both parents, and expenses for the children.

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Family · Housing and assets

Divorce with division of community property planned for later

A divorce proposal established a commitment to liquidate the marital property at a soon later time. Meanwhile, each spouse continued at the residence described in the agreement.

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Family · Children, custody and decisions

Divorce by mutual agreement without common children and private housing

When there are no common children and both spouses have their own resources, the agreement can focus on housing, assets and pending commitments. In this case, a divorce by mutual agreement was prepared by notarial means, with a regime of separation of property.

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Family · Housing and assets

Proposal for notarial divorce and permanence in a private home

An agreement prepared for a notarized divorce stated that one of the spouses would continue in the home of their exclusive ownership. It also described a marital regime of separation of property.

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Family · Separation and divorce

Divorce after separation and review of old measures

A lawsuit requested the divorce of an already separated marriage and, at the same time, the review of economic measures established years before. The children had finished their studies, according to the plaintiff.

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Family · Maintenance, expenses and unpaid support

Civil claim for unpaid maintenance and CPI differences

An execution demand must allow the debt to be reconstructed without confusing monthly payments, updates and extraordinary expenses. The case examined was based on a pension established in a judgment and asked to claim outstanding amounts along with a provision for interest and costs.

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Criminal · Procedure and penalties

Complaint about a professional assignment and actions supposedly presented

One complaint recounted the delivery of funds to perform a professional performance and subsequent communications stating that it had occurred. The complainant maintained that these statements did not correspond to what happened.

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Criminal law · Evidence and defence

Sending an agreement to a messaging group and alleging an error

In an opposition to an appeal, the defence argued that a divorce settlement agreement had been sent to a messaging group by mistake. He disputed that the sending constituted the criminal disclosure of private information that was reported.

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Family · Children, custody and decisions

Schooling blocked due to lack of agreement between parents

When the course begins and none of the centers can confirm schooling due to parental disagreement, the problem requires a precise request. In the document examined, the attribution of the power to choose a school was requested due to the risk that a minor would remain without attending class...

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Family · International families

Disagreement over a school year for children abroad

An academic year outside Spain can affect education, expenses and contact with the other parent. In this file, authorization for a prolonged stay was discussed. The opposition focused on the available information, health coverage and the real possibility of maintaining…

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Family · Maintenance, expenses and unpaid support

Opposition to successive requests for maintenance extinction

An answer to a variation of family court orders considered a new request to terminate child support after previous proceedings on similar financial issues.

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Criminal law · Evidence and defence

Documentary falsification and discussion about the knowledge of an intermediary

An appeal challenged a conviction for falsification of documents. The defence maintained that the convicted person had carried out an operation on behalf of a third party and disputed his knowledge of the operation.

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Family · Separation and divorce

Extraordinary expenses with a reviewable percentage according to income

An agreement proposed distributing certain children's expenses in different percentages and reviewing this distribution with the work progress of both parents. It also included concept and budget approval rules.

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Family · Separation and divorce

Agreement to pay for the studies of a financially independent daughter

The financial independence of a child does not prevent their parents from wanting to continue helping them with specific training. This breakup agreement provided for sharing certain academic expenses of a daughter who was already working, through contributions to an account designated for that purpose.

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Criminal law · Evidence and defence

Appeal and discussion on the integrity of the trial recording

An opposition to an appeal rejected that an alleged problem with the recording justified throwing out the trial. The opposing party claimed that the relevant statements and interventions had been recorded.

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Succession · Inheritance and wills

Sole heir and inventory of assets for succession processing

A succession instance described a person named sole heir in a will and related the assets that, according to the document, made up the deceased's estate.

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Succession · Inheritance and wills

Inheritance with usufruct and bare ownership

A document of acceptance and allocation of inheritance included testamentary provisions that separated the enjoyment of a property from its bare ownership. There were also other powers that had to be coordinated within the entire succession.

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Family · Children, custody and decisions

Change of cohabitation of a child and review of custody and alimony

The organization set in sentence may no longer coincide with daily life. In this case, it was alleged that a minor child had gone on to live stably with the other parent. It was requested to adapt custody, financial contributions and the use of the home to this new situation.

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Family · Children, custody and decisions

adult children and agreed review of the use of the home

When children come of age and accommodation needs change, it may be necessary to revise an old agreement. The agreement examined combined maintenance during studies, use of a home by one of the ex-spouses and recognition of the property ownership of both...

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Family · Maintenance, expenses and unpaid support

Repeated non-payment of maintenance and assessment of criminal proceedings

A complaint for non-payment of pensions requires ordering something more than a final sum. The document examined differentiated unpaid monthly payments, partial payments, updates and certain expenses of the children. It also discussed whether the obligor had the means to comply.

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Criminal · Procedure and penalties

Failure to appear in court and request to split a fine

An appeal challenged a location and production order following a failure to appear. The defence explained personal difficulties in attending and expressed a willingness to appear, in addition to requesting a payment plan for financial obligations.

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Family · Housing and assets

Inventory of assets and savings or social security products

A resource in an inventory formation procedure discussed the inclusion of certain savings and social security items. The appellant considered the explanation of the resolution regarding its marital nature to be insufficient.

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Family · Maintenance, expenses and unpaid support

Retirement and request to review maintenance and extraordinary expenses

A modification claim alleged a decrease in income when moving from work to retirement. He asked to review both child support and the proportion of extraordinary expenses for a child.

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Succession · Inheritance and wills

division of community property and distribution of an inheritance

A partition notebook brought together operations for the liquidation of marital assets and the acceptance and distribution of an inheritance. The deceased had left provisions in favor of his spouse and his descendants.

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Criminal · Precautionary measures

Appeal regarding a protective measure after a public encounter

One appeal challenged a precautionary prohibition of approach and communication agreed upon after an encounter between people who had been in a relationship. The defence questioned the motivation and assessment of the risk.

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Family · Housing and assets

Support measures for an adult and request to sell a property

A draft complaint requested judicial support measures for an adult and accumulated a request for authorization to sell a property. The exhibit described needs for assistance in managing personal and financial matters.

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Criminal law · Evidence and defence

Screenshots of messages and discussion of their authenticity

A defence brief questioned captures of conversations and call lists provided by the prosecution. He asked to contrast them with information from the communications and with a technical examination of their integrity.

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Family · Children, custody and decisions

Opposition to alternate weeks due to schedules and school organization

A petition for alternate-week custody should explain how it fits into the children's lives. This response defended maintaining the existing system because, according to those who opposed, the schedules continued to be variable and the new alternation would require more travel and tertiary care...

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Family · Separation and divorce

Protection order and appeal on its motivation

A protection order responds to a risk assessment and can be appealed. In the document examined, the defence questioned the motivation for the measure and the conditions under which the previous action had been carried out. The case allows us to distinguish precautionary protection and definitive criminal decision…

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Family · Maintenance, expenses and unpaid support

Payment of arrears with an inheritance and request to lift asset attachments

A document informed the court that amounts claimed in a family execution had been paid using funds received by inheritance. The party requested that the payments be taken into account and the asset attachments reviewed.

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Family · Children, custody and decisions

Breakup of an unmarried couple with visits and defined school expenses

A breakup without marriage also requires organizing childcare. The agreement examined provided for habitual residence with a parent, weekend stays and one weekday afternoon, as well as rules for school expenses and family trips.

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Family · International families

Passports and disagreement over holiday travel

A request for voluntary jurisdiction asked to grant a parent the power to process children's passports and obtain authorization for travel during vacations. There was a previous regime of stays.

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Family · International families

Residence agreements and important decisions between two countries

A proposed divorce agreement corresponded to parents who resided in different countries. The text reserved relevant decisions regarding residence, health and education of their son to both of them.

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Family · Maintenance, expenses and unpaid support

spousal maintenance after a long marriage and job loss

The breakup can leave one of the spouses with very reduced income, even if they have worked for years and contributed to the family economy. In this case, spousal maintenance and use of the home were requested, based on the difficulty of recovering economic autonomy.

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Family · Maintenance, expenses and unpaid support

spousal maintenance: agreement on its existence and dispute on the amount

In a divorce response, the defendant did not reject the establishment of spousal maintenance, but proposed an amount lower than that requested. His position was based on a comparison of income and expenses.

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Criminal · Precautionary measures

Review of pre-trial detention and evidence of community ties

An appeal requested to review the pre-trial detention of a person investigated for a property crime. The defence provided arguments about residence, cohabitation and job stability to discuss the need to maintain this measure.

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Criminal · Precautionary measures

pre-trial detention and comparison of the initial indications

An appeal challenged the pre-trial detention of a person investigated for an incident with an alleged theft. The defence offered an alternative explanation for his presence at the scene and questioned the motivation for the decision.

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Family · Housing and assets

Reconciliation after a separation and pending property agreements

A document included the desire of two spouses to resume living together after separating. At the same time, it made provisions for a common home and described the economic regime of marriage.

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Family · Maintenance, expenses and unpaid support

Income reduction and request for maintenance reduction

A drop in income may call into question the possibility of maintaining a pension, but it must be proven and compared with the previous situation. The demand analyzed was based on a temporary suspension of the contract and the loss of variable remuneration to request a review of maintenance...

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Succession · Inheritance and wills

Renunciation of an inheritance deferred by will

A document prepared for notarization included the pure and simple renunciation of a person named heir. The exhibit identified the will and the background of the succession.

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Criminal · Procedure and penalties

defence against a subsidiary civil liability claim

A defence brief was specifically directed against the attribution of subsidiary civil liability within a criminal proceeding. The represented party discussed the facts and the basis of the economic obligation that was intended to be imposed.

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Family · Children, custody and decisions

Consensus review of measures when a child begins to work

A proposal for a variation of family court orders included the agreement of both parents to review previous obligations after their son, now of legal age, entered the labor market. The document also reviewed the agreements regarding the former family home.

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Family · Children, custody and decisions

Breakup of a couple with a baby and rented home

A proposal of measures for an unmarried couple organized the care of a baby and the departure of one of the parents from the shared home. It included a temporary contribution to the rent of the home until a date linked to the rental contract.

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Family · Housing and assets

Separation with distributed use of the home until its sale

Selling your common home can take time and force you to agree to a temporary cohabitation. This separation agreement proposed that each spouse use independent areas of the property while the sale was being prepared, with rules on expenses, common spaces and marketing.

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Criminal · Procedure and penalties

Request for suspension of a sentence and rehabilitation treatment

One appeal discussed the denial of the suspension of a prison sentence imposed for theft. The defence related the criminal activity to an addiction and indicated that there was a rehabilitation process.

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Family · Children, custody and decisions

Teleworking and contributions to the children's common account

An agreement can link a financial contribution to the effective distribution of care. Here differences in income from a common account were claimed because, according to the lawsuit, teleworking had changed who took care of the children before school and at noon.

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Criminal · Procedure and penalties

Appeal for attempted robbery and discussion on the status of the accused

An appeal was directed against a sentence that convicted him of attempted robbery with violence or intimidation. The defence questioned the assessment of the evidence and alluded to the state of the accused person.

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Succession · Inheritance and wills

Will on assets in Spain of a foreign person

A draft will of a person of foreign nationality referred to his assets and rights located in Spain. It designated their descendants and included provisions for the replacement and revocation of previous provisions.

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Succession · Inheritance and wills

Will with residential protection of the spouse and descendants

A testamentary text provided for a right to use and enjoy a home in favor of the spouse and designated heirs to the testator's descendants. The context included a new marital union and offspring from a previous relationship.

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Criminal law · Evidence and defence

Drug trafficking accusation and evidence of an exchange

A defence report questioned whether the observations described during the trial allowed proof of a delivery of substances for distribution. The main argument was that the attributed conduct had not been sufficiently proven.

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Family · International families

Request to transfer with a baby to have family support

An application for voluntary jurisdiction asked for authorization to change the residence of a baby together with one of its parents. The requesting party related the request to the breakup and the need for support from his family.

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Family · Housing and assets

Temporary use of a home and agreed financial compensation

In a divorce proposal, the spouses separately ordered the use of the home and the financial needs after the breakup. It provided for temporary occupation by the non-owner and a different distribution between consumption expenses and property expenses.

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Family · Housing and assets

Use of housing linked to habitual residence and transfer limits

A proposal to modify the agreement granted the use of a home as long as it continued to be the habitual residence of one of the parties. It included restrictions on rental or transfer without the consent provided for in the text.

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Criminal · Procedure and penalties

Conviction for unlawful occupation and allegation of an alleged rental

An appeal challenged a conviction for unlawful occupation. The defence maintained that the occupants had entered the home believing they had entered into a lease with those who could grant them use of it.

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Family · Housing and assets

Sale of the home and possibility of purchase by a co-owner

A divorce agreement provided for the sale of the common home and reserved for any of its owners the possibility of acquiring it at the established price. The text also differentiated property expenses from those linked to use.

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Family · Separation and divorce

gender-based violence and evidence of injuries in the accusation

In a procedure for gender-based violence, the accusation document must connect the attributed facts with the evidence and the requested measures. This assumption allows us to explain the function of medical assistance, expert advice and testimonies, without reproducing the intimate story of the affected people...

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Family · Children, custody and decisions

Flexible visits with a schedule planned for disagreement

A divorce agreement proposed a broad and flexible communication regime between a parent and his daughter. For the occasions when there was no agreement, he also established a specific calendar of stays.

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Family · Separation and divorce

Progressive stays during early childhood

Organizing the breakup when there is a very young child requires considering their routines and the evolution of care. This draft proposed an initial stage of stays and a later extension, instead of simply reproducing from the first day a calendar designed for adult children.

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Family · Housing and assets

Family home and discussion about storage rooms and parking spaces

In a response on family measures, it was discussed whether the attribution of use of the home should be extended to other properties or spaces. The defendant maintained that some storage rooms were independent properties and their exclusive property.

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