The Supreme Court has ruled that the father or mother who has custody of their children loses the right to enjoy the family home in case they live with a new partner in a stable manner.
According to the ruling of the Supreme Court of November 20, "the introduction of a third person makes the home lose its former nature by serving a different family in its use". The room "does not deny" the right to new relationships, "what questions is that this freedom is used to the detriment of others, in this case, the non-custodial parent"
In this case, a couple from Valladolid divorced and the woman stayed with her children in the family home. After a while, he went to live his new partner, so his ex-husband sued her.
The Supreme Court affirms that the right to reside in the family dwelling is maintained "as long as this family character is preserved".
However, in the case studied by the Chamber, said character "has disappeared, not because the mother and children have ceased to live in it, but because of the entry of a third party, ceasing to serve the purposes of marriage."
And he explains: "The introduction of a third person makes the home lose its former nature by serving a different and different family in its use."