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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.

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  408. Do you mind if I quote a few of your posts as long as I provide credit and sources back to your website? My blog site is in the very same area of interest as yours and my users would truly benefit from some of the information you present here. Please let me know if this ok with you. Regards!

  409. It’s a shame you don’t have a donate button! I’d without a doubt donate to this outstanding blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to new updates and will share this website with my Facebook group. Talk soon!

  410. I know this if off topic but I’m looking into starting my own blog and was wondering what all is needed to get set up? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web savvy so I’m not 100% certain. Any tips or advice would be greatly appreciated. Thank you

  411. I know this if off topic but I’m looking into starting my own blog and was wondering what all is needed to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100% positive. Any tips or advice would be greatly appreciated. Appreciate it

  412. Hey there just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Chrome. I’m not sure if this is a format issue or something to do with web browser compatibility but I figured I’d post to let you know. The design and style look great though! Hope you get the problem fixed soon. Cheers

  413. This design is steller! You most certainly know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!

  414. My partner and I stumbled over here by a different website and thought I should check things out. I like what I see so i am just following you. Look forward to exploring your web page for a second time.

  415. With havin so much content do you ever run into any issues of plagorism or copyright infringement? My site has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the internet without my permission. Do you know any solutions to help protect against content from being ripped off? I’d certainly appreciate it.

  416. Hi there! This is my 1st comment here so I just wanted to give a quick shout out and say I genuinely enjoy reading through your blog posts. Can you recommend any other blogs/websites/forums that cover the same topics? Thanks a lot!

  417. Hi there! Would you mind if I share your blog with my twitter group? There’s a lot of people that I think would really enjoy your content. Please let me know. Many thanks

  418. I really like your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to find out where u got this from. thank you

  419. Hey! This is my first visit to your blog! We are a collection of volunteers and starting a new project in a community in the same niche. Your blog provided us valuable information to work on. You have done a wonderful job!

  420. Have you ever considered writing an e-book or guest authoring on other blogs? I have a blog based upon on the same ideas you discuss and would really like to have you share some stories/information. I know my audience would value your work. If you’re even remotely interested, feel free to shoot me an e mail.

  421. This design is spectacular! You most certainly know how to keep a reader amused. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool!

  422. Hello there! I know this is somewhat off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  423. With havin so much content and articles do you ever run into any problems of plagorism or copyright infringement? My blog has a lot of exclusive content I’ve either created myself or outsourced but it looks like a lot of it is popping it up all over the web without my agreement. Do you know any ways to help protect against content from being ripped off? I’d really appreciate it.

  424. Hello there! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My web site looks weird when viewing from my iphone 4. I’m trying to find a template or plugin that might be able to fix this problem. If you have any recommendations, please share. Appreciate it!

  425. Interesting blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Thank you

  426. First off I want to say wonderful blog! I had a quick question in which I’d like to ask if you do not mind. I was interested to find out how you center yourself and clear your mind before writing. I have had a tough time clearing my thoughts in getting my ideas out there. I truly do take pleasure in writing but it just seems like the first 10 to 15 minutes are wasted just trying to figure out how to begin. Any ideas or hints? Many thanks!

  427. Do you mind if I quote a couple of your posts as long as I provide credit and sources back to your weblog? My website is in the exact same area of interest as yours and my users would genuinely benefit from a lot of the information you provide here. Please let me know if this alright with you. Thanks!

  428. Hey! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone. I’m trying to find a theme or plugin that might be able to resolve this issue. If you have any recommendations, please share. Appreciate it!

  429. I was wondering if you ever thought of changing the page layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?

  430. Greetings! I know this is somewhat off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!

  431. Have you ever considered about including a little bit more than just your articles? I mean, what you say is fundamental and everything. However think of if you added some great photos or videos to give your posts more, “pop”! Your content is excellent but with images and videos, this blog could definitely be one of the best in its niche. Good blog!

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

  433. Woah! I’m really loving the template/theme of this blog. It’s simple, yet effective. A lot of times it’s hard to get that “perfect balance” between user friendliness and visual appearance. I must say you have done a excellent job with this. In addition, the blog loads super fast for me on Opera. Exceptional Blog!

  434. Heya! I understand this is sort of off-topic but I had to ask. Does running a well-established website like yours require a massive amount work? I’m brand new to operating a blog but I do write in my journal every day. I’d like to start a blog so I can share my experience and thoughts online. Please let me know if you have any suggestions or tips for brand new aspiring blog owners. Thankyou!

  435. Hi there would you mind sharing which blog platform you’re working with? I’m planning to start my own blog in the near future but I’m having a hard time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique. P.S Apologies for getting off-topic but I had to ask!

  436. Wow that was strange. I just wrote an extremely long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say superb blog!

  437. Today, while I was at work, my sister stole my apple ipad and tested to see if it can survive a forty foot drop, just so she can be a youtube sensation. My iPad is now destroyed and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  438. Hi there! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My weblog looks weird when viewing from my iphone. I’m trying to find a template or plugin that might be able to correct this problem. If you have any suggestions, please share. Thanks!

  439. Hi! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog post or vice-versa? My blog discusses a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you happen to be interested feel free to send me an email. I look forward to hearing from you! Awesome blog by the way!

  440. Hello there! This post could not be written any better! Reading this post reminds me of my good old room mate! He always kept chatting about this. I will forward this write-up to him. Fairly certain he will have a good read. Thank you for sharing!

  441. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously 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?

  442. I’m really enjoying the theme/design of your website. Do you ever run into any web browser compatibility issues? A couple of my blog visitors have complained about my website not working correctly in Explorer but looks great in Chrome. Do you have any solutions to help fix this problem?

  443. Whoa! This blog looks just like my old one! It’s on a entirely different subject but it has pretty much the same page layout and design. Outstanding choice of colors!

  444. Heya! I just wanted to ask if you ever have any trouble with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no backup. Do you have any solutions to protect against hackers?

  445. 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 fast. I’m thinking about setting up my own but I’m not sure where to begin. Do you have any tips or suggestions? Thanks

  446. Do you have a spam problem on this blog; I also am a blogger, and I was curious about your situation; we have created some nice procedures and we are looking to swap techniques with others, why not shoot me an e-mail if interested.

  447. My developer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on various websites for about a year and am worried about switching to another platform. I have heard very good things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any help would be greatly appreciated!

  448. Hi there this is kind of of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding knowledge so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!

  449. Great post. I was checking continuously this blog and I am impressed! Extremely useful info specially the last part :) I care for such information much. I was looking for this certain information for a very long time. Thank you and good luck.

  450. Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Basically Wonderful. I am also a specialist in this topic so I can understand your effort.

  451. Hi there! This post could not be written any better! Reading through this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Fairly certain he will have a good read. Thank you for sharing!

  452. Interesting blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog stand out. Please let me know where you got your theme. With thanks

  453. 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 throw away your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

  454. Fantastic site you have here but I was curious about if you knew of any user discussion forums that cover the same topics discussed here? I’d really like to be a part of group where I can get feedback from other knowledgeable individuals that share the same interest. If you have any recommendations, please let me know. Cheers!

  455. Hmm is anyone else having problems with the images on this blog loading? I’m trying to determine if its a problem on my end or if it’s the blog. Any responses would be greatly appreciated.

  456. Excellent post but I was wanting to know if you could write a litte more on this topic? I’d be very thankful if you could elaborate a little bit more. Kudos!

  457. Hi! I understand this is somewhat off-topic but I needed to ask. Does managing a well-established website such as yours take a lot of work? I’m completely new to operating a blog but I do write in my journal everyday. I’d like to start a blog so I can share my personal experience and feelings online. Please let me know if you have any kind of recommendations or tips for new aspiring blog owners. Appreciate it!

  458. Hiya! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone. I’m trying to find a template or plugin that might be able to resolve this issue. If you have any recommendations, please share. With thanks!

  459. Woah! I’m really loving the template/theme of this website. It’s simple, yet effective. A lot of times it’s very difficult to get that “perfect balance” between user friendliness and visual appeal. I must say you have done a superb job with this. Additionally, the blog loads super quick for me on Safari. Excellent Blog!

  460. Appreciating the time and energy you put into your blog and in depth information you present. It’s good to come across a blog every once in a while that isn’t the same old rehashed material. Fantastic read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  461. Good day! This is kind of off topic but I need some advice from an established blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about setting up my own but I’m not sure where to start. Do you have any points or suggestions? With thanks

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

  463. With havin so much written content do you ever run into any problems of plagorism or copyright violation? My site has a lot of unique content I’ve either created myself or outsourced but it looks like a lot of it is popping it up all over the internet without my authorization. Do you know any ways to help reduce content from being ripped off? I’d truly appreciate it.

  464. Greetings from Los angeles! I’m bored at work so I decided to check out your site on my iphone during lunch break. I enjoy the info you present here and can’t wait to take a look when I get home. I’m shocked at how quick your blog loaded on my phone .. I’m not even using WIFI, just 3G .. Anyhow, very good site!

  465. Today, I went to the beach with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!

  466. Greetings from Los angeles! I’m bored to tears at work so I decided to browse your blog on my iphone during lunch break. I really like the knowledge you present here and can’t wait to take a look when I get home. I’m shocked at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, awesome blog!

  467. Hi, i read your blog from time to time and i own a similar one and i was just wondering if you get a lot of spam comments? If so how do you reduce it, any plugin or anything you can recommend? I get so much lately it’s driving me mad so any assistance is very much appreciated.

  468. Do you have a spam issue on this website; I also am a blogger, and I was wondering your situation; many of us have created some nice practices and we are looking to swap methods with others, why not shoot me an e-mail if interested.

  469. Hello are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you need any coding expertise to make your own blog? Any help would be really appreciated!

  470. I discovered your blog web site on google and test a few of your early posts. Continue to keep up the superb operate. I simply extra up your RSS feed to my MSN News Reader. In search of forward to studying extra from you afterward!…

  471. Hi! I could have sworn I’ve been to this blog before but after browsing through some of
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  472. Heya are using WordPress for your site platform?
    I’m new to the blog world but I’m trying to get started and create my
    own. Do you require any html coding knowledge to make
    your own blog? Any help would be really appreciated!

  473. Hi I am so happy I found your site, I really found you by accident, while I was researching on Digg for something else, Nonetheless I am here now and would just like to say thank you for a tremendous post and a all round exciting blog (I also love the theme/design), I don’t have time to read it all at the moment but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the excellent job.

  474. I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your website to come back in the future. Many thanks

  475. Hello! I just wanted to ask if you ever have any trouble with hackers? My last blog (wordpress) was hacked and I ended up losing many months of hard work due to no backup. Do you have any methods to stop hackers?

  476. Hi there! I know this is kinda off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at options for another platform. I would be great if you could point me in the direction of a good platform.

  477. I really like your blog.. very nice colors & theme. Did you make this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to create my own blog and would like to find out where u got this from. cheers

  478. Wow that was unusual. I just wrote an incredibly long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say fantastic blog!

  479. Hi there I am so grateful I found your webpage, I really found you by accident, while I was browsing on Askjeeve for something else, Anyways I am here now and would just like to say cheers for a fantastic post and a all round exciting blog (I also love the theme/design), I don’t have time to browse it all at the moment but I have book-marked it and also added in your RSS feeds, so when I have time I will be back to read more, Please do keep up the excellent job.

  480. With havin so much content do you ever run into any issues of plagorism or copyright violation? My website has a lot of unique content I’ve either created myself or outsourced but it appears a lot of it is popping it up all over the web without my agreement. Do you know any solutions to help protect against content from being ripped off? I’d genuinely appreciate it.

  481. Hey! This is kind of off topic but I need some help 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 fast. I’m thinking about making my own but I’m not sure where to begin. Do you have any ideas or suggestions? Thanks

  482. Hi, i read your blog occasionally and i own a similar one and i was just curious if you get a lot of spam comments? If so how do you reduce it, any plugin or anything you can advise? I get so much lately it’s driving me crazy so any assistance is very much appreciated.

  483. Howdy would you mind letting me know which hosting company you’re working with? I’ve loaded your blog in 3 completely different internet browsers and I must say this blog loads a lot quicker then most. Can you recommend a good internet hosting provider at a reasonable price? Thanks, I appreciate it!