El derecho de uso sobre vivienda atribuido al cónyuge no titular es oponible a tercero, aunque ese derecho no se haya adjudicado a los hijos menores de edad

Abstract

As there is a divorce decree, in which the right to use the family home is attributed to the father on the ground that it conducts its business (law firm) staying in another house mother who lives with the youngest son, the mother has the right to terminate the co-ownership situation was the family home, through the exercise of the action of dividing common. But this right must be exercised on the basis that the termination of co-ownership, can not affect the right to use the parent that was attributed to decision and will be respected, otherwise it would affect the interests of the child, to be probable that the father could not pay maintenance for the increased costs to change its law firm would cause.