Llámenos ahora: 91 527 36 22 o 626 14 48 08
Asociacion Padres Separados

El interés del menor no queda mermado por el cambio de domicilio pues sus necesidades de habitación quedan satisfechas a través de la vivienda alternativa que también fue familiar y que es propiedad de ambos progenitores

TS, Sala Primera, de lo Civil, 5/2015, de 16 de enero

“La finalidad de lo dispuesto en el artículo 96 del C.c ., es la de proteger el interés del menor asegurándole en todo caso el uso de un- vivienda, que será la que fue vivienda. Pero ello no impide que caso de existir más viviendas en las que el interés del menor, quede igualmente protegido, no pueda atribuirse al dicho menor el uso de otra vivienda que no sea la que ha constituido el último domicilio familiar. Entendemos que si el menor tiene suficientemente cubierta su necesidad de vivienda, no está justificado limitar las facultades de disposición del derecho de propiedad que ostenta el recurrente sobre la vivienda que actualmente ocupan el menor y su madre La vivienda de la C/ DIRECCION000 , ha sido también domicilio familiar, sin que la demandada cuestione que tal vivienda reúna las características necesarias para ser ocupada por el menor, y por ello debe extinguirse la atribución de uso sobre la vivienda de la C/ DIRECCION001 , atribuyendo al menor el uso de la vivienda sita en la C/ DIRECCION000 .”

2.- Recogiendo las ideas básicas de la jurisprudencia de esta Sala, aplicándola al caso que ahora se plantea, aparece que el interés del menor, siempre prevalente, no queda mermado por el cambio de domicilio. Precisando, además, que la vivienda que ahora ocupa es la vivienda que fue familiar en el momento de la separación, pero la que la Audiencia Provincial ha fijado a partir de ahora fue también la vivienda familiar en su momento. En ambas, ha sido algo indiscutido que el interés de menor quedó cubierto. Por tanto, como dice la sentencia de 5 noviembre 2012 , antes transcrita en lo necesario, las necesidades de habitación del hijo menor quedan satisfechas a través de la vivienda alternativa que ha señalado la sentencia recurrida.

Lo anterior, sobre la vivienda alternativa, lo ratifica la sentencia de 16 junio 2014 , también transcrita. Y la anterior, de 29 marzo 2011 advierte que pueden modificarse las medidas por cambio de circunstancias. En el caso presente, la circunstancia de quedar disponible el piso propiedad de ambos, pro indiviso, es circunstancia de hecho que, como entiende la Audiencia Provincial es bastante para cambiar el régimen sobre la vivienda, tanto más cuanto las situaciones de crisis en la convivencia no pueden dar lugar a una verdadera, en la práctica, expropiación del propietario, como han dicho las sentencias citadas anteriormente, de 29 marzo 2011 y de 5 noviembre 2012.

109 pensamientos sobre “Un padre recupera la vivienda de su exclusiva propiedad”

  1. My brother recommended I might like this web site. He was entirely right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!

  2. I simply want to mention I am beginner to weblog and really enjoyed you’re blog. Likely I’m want to bookmark your blog . You actually have remarkable posts. Thanks for sharing with us your webpage.

  3. Whats Happening i am new to this, I stumbled upon this I’ve discovered It positively useful and it has helped me out loads. I’m hoping to contribute & assist different users like its helped me. Good job.

  4. you are actually a excellent webmaster. The website loading pace is amazing. It kind of feels that you’re doing any distinctive trick. Also, The contents are masterpiece. you have done a magnificent task in this subject!

  5. Thanks for sharing excellent informations. Your web site is very cool. I am impressed by the details that you¡¦ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found just the information I already searched all over the place and just could not come across. What a perfect web-site.

  6. Great – I should certainly pronounce, impressed with your site.
    I had no trouble navigating through all tabs and related info ended up
    being truly simple to do to access. I recently found what I hoped for
    before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, site theme .

    a tones way for your client to communicate.

    Excellent task.

  7. I need to to thank you for this great read!!
    I certainly enjoyed every bit of it. I’ve got you book-marked to check
    out new stuff you post…

  8. I truly love your blog.. Very nice colors & theme.

    Did you create this website yourself? Please reply back as I?m
    attempting to create my very own site and want to know where
    you got this from or what the theme is called. Cheers!

  9. Thanks for your entire labor on this web page. Ellie loves engaging in research and it is obvious why.
    Most people hear all about the dynamic mode you convey precious tips by means of your web site and as well encourage participation from some others on that area of interest so my daughter is really understanding so much.
    Take advantage of the remaining portion of the year. You have been performing a splendid job.

  10. I was just seeking this information for a while. After six hours of continuous Googleing, at last I got it in your web site. I wonder what’s the lack of Google strategy that do not rank this type of informative web sites in top of the list. Normally the top sites are full of garbage.

  11. Hi there, just became alert to your blog through Google, and found that it is really informative. I’m going to watch out for brussels. I’ll be grateful if you continue this in future. Numerous people will be benefited from your writing. Cheers!

  12. Wonderful beat ! I would like to apprentice while you amend your website, how can i subscribe for a blog web site?
    The account helped me a acceptable deal. I had
    been tiny bit acquainted of this your broadcast provided bright clear concept

  13. I pay a quick visit daily a few websites and blogs to read
    articles or reviews, but this web site gives quality based posts.

  14. hello!,I really like your writing very a lot! percentage we keep in touch more about your article on AOL?
    I require an expert in this area to unravel my problem. May be that’s you!

    Having a look forward to see you.

  15. Wow, superb blog format! How lengthy have you ever been running a blog for?
    you make running a blog look easy. The full glance of your site is excellent, as well as the content![X-N-E-W-L-I-N-S-P-I-N-X]I simply couldn’t leave your
    website prior to suggesting that I extremely enjoyed the usual information an individual supply on your
    guests? Is gonna be again often to inspect new posts.

  16. I needed to thank you for this good read!!
    I definitely loved every little bit of it. I have got you bookmarked to look at new stuff you post…

  17. Les accessoires coiffure homme sont relativement peu
    nombreux, mais posséder une tondeuse de qualité ( tondeuse avec fil ou tondeuse sans fil
    ) fait partie justement des éléments nécessaires à avoir sous la essential, afin de pouvoir créer différents designs, qu’ils soient masculins ou féminins d’ailleurs.

  18. I’ve been browsing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all web owners and bloggers made good content as you did, the net will be a lot more useful than ever before.

  19. I just want to tell you that I am beginner to blogs and really loved this page. Very likely I’m going to bookmark your blog post . You absolutely come with terrific stories. Thanks a bunch for sharing your website.

  20. Nice weblog right here! Also your website a lot up very fast!

    What web host are you using? Can I am getting your affiliate link in your
    host? I desire my site loaded up as quickly as yours lolcheap
    hockey jerseys from China

  21. Having read this I believed it was really informative.
    I appreciate you spending some time and energy to
    put this short article together. I once again find myself personally spending a lot of time both reading and leaving comments.
    But so what, it was still worthwhile!cheap mlb jerseys from China

  22. Afin de vous assurer un équipement fiable et performant sur la durée,
    nous vous proposons uniquement des grandes marques du secteur et au meilleur prix : CALOR, PHILIPS, BRAUN ou encore PANASONIC, elles sont toutes là afin de
    vous proposer une tondeuse cheveux haut de gamme ou à prix discount !

  23. May I just say what a relief to discover someone who actually knows what they’re discussing on the web.
    You definitely realize how to bring an issue to light and make it important.
    A lot more people should look at this and understand this side of the story.
    It’s surprising you are not more popular because you certainly have the

  24. I truly wanted to compose a comment in order to say thanks to you for all of the magnificent strategies you are giving out on this site. My considerable internet lookup has finally been honored with professional points to go over with my friends and family. I ‘d state that that most of us site visitors are undeniably endowed to dwell in a decent website with many outstanding people with very beneficial solutions. I feel very much fortunate to have discovered the website and look forward to some more awesome times reading here. Thanks a lot again for a lot of things.

  25. I was extremely pleased to discover this website.
    I want to to thank you for your time for this particularly
    wonderful read!! I definitely liked every little bit of it and i also have you
    saved as a favorite to check out new stuff on your site.

  26. Very nice post. I just stumbled upon your blog and wanted
    to say that I have truly enjoyed surfing around your blog posts.

    After all I will be subscribing to your feed and I hope you write again soon!wholesale nhl jerseys free shipping

  27. I’ve been browsing online greater than three hours today, yet I never found any interesting article like yours. It is beautiful worth sufficient for me. In my opinion, if all website owners and bloggers made just right content as you did, the net will probably be a lot more useful than ever before.

  28. Hey! This is kind of off topic but I need some guidance from an established blog.
    Is it very hard to set up your own blog? I’m not very techincal but I can figure things out pretty quick.

    I’m thinking about making my own but I’m not sure where to start.

    Do you have any points or suggestions? Thankswholesale
    nba jerseys China

  29. Thanks for the strategies you are discussing on this web site. Another thing I’d like to say is that often getting hold of some copies of your credit score in order to scrutinize accuracy of each detail may be the first activity you have to undertake in credit restoration. You are looking to clean your credit reports from detrimental details flaws that wreck your credit score.

  30. Oh my goodness! Incredible article dude! Thank you so much, However I am having difficulties with your
    RSS. I don’t understand the reason why I can’t subscribe to it.
    Is there anybody getting the same RSS problems?
    Anyone that knows the answer can you kindly
    respond? Thanks!!

  31. Can I just now say what a relief to find one who in fact knows what theyre speaking about online. You definitely understand how to bring a problem to light making it essential. Workout . should see this and understand this side from the story. I cant think youre less well-known when you absolutely provide the gift.

  32. Greetings! This is my first visit to your blog! We are a group of volunteers and
    starting a new project in a community in the same niche.
    Your blog provided us useful information to work on. You have done a wonderful job!wholesale nba jerseys

  33. The Un padre recupera la vivienda de su exclusiva propiedad that is certainly discussed here is quite leaving.

    These issues truly curiosity they and me have immediate link to
    me. I would want to find out about comparable information more! https://goo.gl/ryR7IQ

  34. I’ve learned new things out of your blog post. One other thing I have observed is that in many instances, FSBO sellers will reject people. Remember, they might prefer not to use your companies. But if anyone maintain a reliable, professional connection, offering help and being in contact for about four to five weeks, you will usually manage to win a conversation. From there, a listing follows. Thanks a lot

  35. This will be the right weblog for everyone who is hopes to learn about this topic. You are aware of a great deal its nearly tough to argue to you (not too I personally would want…HaHa). You definitely put a different spin using a topic thats been discussed for decades. Excellent stuff, just excellent!

  36. Superb post but I was wondering if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit further. Thank you!

  37. I want to to thank you for this very good read!! I
    absolutely enjoyed every bit of it. I’ve got you book marked to look at new things you post…

  38. I suppose that your thoughts about Un padre recupera la vivienda de su exclusiva propiedad usually are not very right.
    You look into the scenario, because it seems to me, from your
    unfavorable perspective and you need to count up negative and positive. http://bit.ly/2o70uJG

  39. First of all I would like to say awesome
    blog! I had a quick question in which I’d like
    to ask if you do not mind. I was interested to know how you center
    yourself and clear your mind before writing. I have had difficulty clearing my mind
    in getting my ideas out. I truly do take pleasure
    in writing however it just seems like the first 10 to 15 minutes are lost simply just trying to figure out how to begin. Any
    suggestions or hints? Many thanks!

  40. Hey! This is my first comment here so I just wanted to give a quick shout out and say I really enjoy reading
    through your articles. Can you recommend any other blogs/websites/forums that deal with
    the same topics? Thanks a ton!cheap mls jerseys from China

  41. Woah! I’m really loving the template/theme of this
    website. It’s simple, yet effective. A lot of times it’s tough
    to get that “perfect balance” between user friendliness and
    visual appearance. I must say you’ve done a
    awesome job with this. In addition, the blog loads super quick for me on Internet explorer.
    Outstanding Blog!discount nfl jerseys

  42. You really make it seem so easy together with your presentation but I in finding this topic to be really something which I believe I’d by no means understand. It sort of feels too complex and extremely extensive for me. I’m having a look ahead for your next post, I will attempt to get the hang of it!

  43. My brother recommended I might like this blog. He was entirely right. This post truly made my day. You can not imagine simply how much time I had spent for this info! Thanks!

  44. Hello, i think that i saw you visited my site so i came to “return the favor”.I am attempting to find things to improve my website!I suppose its ok to use some of your ideas!!

  45. I happen to be commenting to make you know of the terrific discovery my wife’s princess had visiting your blog. She learned many issues, which include what it is like to possess an awesome giving style to have many people very easily know precisely chosen tricky subject matter. You really surpassed our expected results. Many thanks for presenting the insightful, healthy, revealing and as well as cool tips about this topic to Janet.

  46. I wish to show my affection for your kind-heartedness for folks who need assistance with this particular area of interest. Your special dedication to passing the solution throughout was wonderfully useful and has in every case enabled guys much like me to realize their endeavors. This valuable tutorial can mean so much to me and further more to my colleagues. Thanks a ton; from all of us.

  47. I needed to post you this very small remark to be able to say thanks as before with your incredible opinions you’ve shared at this time. It is so tremendously generous of people like you to supply without restraint precisely what a lot of people would’ve marketed as an ebook in order to make some money on their own, chiefly considering the fact that you could possibly have tried it in case you considered necessary. The thoughts in addition served to provide a easy way to understand that other people online have the same interest like my very own to see a great deal more when it comes to this issue. I am sure there are several more enjoyable situations up front for individuals who read your blog.

  48. I do not know if it’s just me or if perhaps everyone else encountering issues
    with your website. It seems like some of the written text on your content are
    running off the screen. Can someone else please provide feedback and let me know if this is happening
    to them as well? This could be a issue with my web browser
    because I’ve had this happen before. Cheersdiscount

  49. The communication skills of college students will
    be a work in progress for much of the time spent in college.
    While the proficiency of forgers is sure to increase along with the complexity of the security measures, it’s important to remember that an arms race when it comes
    to security is inevitable, be it with automated smart cards or with old-fashioned hoodwinking the bureaucracy.
    Image Credit – Screenshots courtesy of the respective app developers.

  50. Spot on with this write-up, I actually think this amazing site needs far more attention. I’ll
    probably be back again to read through more, thanks for the
    info!wholesale mlb jerseys

  51. Therefore comfortable, and cost effective for an individual that needs to have a matress in between agency and soft many thanks !! I will certainly buy from brentwood once more!

  52. I only a little find out what %BT% can be. Perhaps the
    biggest issue is I need to write each dissertation for this topic.
    Ways to treat it cheaper? How information is necessary for them?

  53. I¡¦m no longer certain where you’re getting your info, but great topic. I must spend some time learning much more or working out more. Thanks for fantastic info I used to be on the lookout for this info for my mission.

  54. You really know how to express your thoughts in the written word. This article is dead on accurate in my opinion. I agree with your viewpoints. I hope many readers get to see this material.

  55. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point.
    You definitely know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

  56. Hi colleagues, its fantastic piece of writing regarding teachingand completely explained, keep it up all the time.

Deja un comentario

Tu dirección de correo electrónico no será publicada.