Right to Use at Divorce
With a divorce, the court may also solve certain additional requests, including the right to use the buildings (apartments, house, etc.) where the spouses lived together.
The issue of the right of use may be raised when:
1) the wives rented a building together and lived together in it; or
2) one spouse benefits from a service home in which both spouses resided; or
3) the spouses own a building in which they live together; or
4) One of the spouses owns a building in which both spouses reside.
In such cases, the courts are the only ones to decide, under the provisions of the New Civil Code, which of the two spouses will have the right to use that property after the dissolution of the marriage.
In the first two cases, because the property is not the property of the spouses, it is not required to have court proceedings and a request for sharing of common assets, and the judge will assign the asset according to the evidence in the file.
In the third case, it is often used in practice for the judge to assign the use of a property owned by both spouses (for example, an apartment purchased during the marriage), under the provisions of the New Civil Code, the existence of a court action. So, usage will only be assigned temporarily until the partition is completed.
In the latter case, also very common, where one spouse owns a good in which the other spouse lives, the court may be required to evict the unmarried spouse in that property. In this case, there is no need for the partition to take place in court.
In such cases, Attorney Office Alina Szilaghi represents his clients and administers evidence in court to prove the existence of serious grounds for awarding the use, in view of the new provisions of the Civil Code.
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