Dealing with a separation involves redefining every aspect of daily life, and among these, the fate of the family home often represents one of the most critical and emotionally charged issues. The concern of having to leave the home where one's children grew up, even if one might be the owner, is a common and understandable feeling. As an expert family law attorney in Milan, I deeply understand the impact these decisions have on the emotional and economic stability of the parties involved.

The Criterion of the Child's Interest in Assigning the Home

In the Italian legal landscape, the assignment of the family home is governed by a cardinal principle: the superior interest of the minor. Article 337-sexies of the Civil Code establishes that the use of the family home is granted with primary consideration given to the interest of the children. Consolidated case law interprets this rule to mean that the dwelling must be assigned to the parent with whom the children predominantly reside, i.e., the custodial parent. The objective is to preserve the children's domestic habitat, ensuring continuity in their life habits and social relationships, thereby minimizing the trauma of change.

However, there are particular situations where the strict application of this practice can be challenged. Although assignment to the non-custodial parent is an exceptional hypothesis, it is not legally impossible if it can be demonstrated that such a solution better serves the children's needs. This can occur, for example, in cases of shared custody with equal (or nearly equal) periods of stay where logistical or structural circumstances make assignment to the non-custodial parent (or rather, to the parent who was not initially identified as the primary custodial parent) the most suitable choice for the psychological and physical well-being of the offspring. It is crucial to emphasize that the ownership title of the property is entirely secondary to the protection of the children: the judge can assign the home even to the parent who does not own it, if this serves to protect the children.

The Legal Studio Bianucci's Approach to Housing Disputes

Every family has a unique history and dynamics that cannot be pigeonholed into rigid standards. The approach of lawyer Marco Bianucci, as a divorce attorney practicing in Milan, is based on a meticulous and strategic analysis of each individual case. When a client, a non-custodial parent, wishes to explore the possibility of obtaining the assignment of the family home, the first step is to verify whether the factual prerequisites exist to deviate from common practice. This is not about engaging in legal battles based on abstract principles, but about building a solid defense founded on concrete evidence demonstrating that the requested assignment is, in fact, the best solution for the minors.

The Legal Studio Bianucci works to highlight specific elements such as parental capacity, availability of time, proximity to schools or children's centers of interest, and the suitability of living spaces. In complex situations, where perhaps the custodial parent has decided to move elsewhere or is unable to guarantee continued residence in the family home, legal intervention aims to redefine arrangements solely in the best interest of the children. The strategy is always oriented towards a concrete resolution of the problem, seeking agreements where possible to avoid lengthy and painful litigation, but remaining ready to firmly defend the rights of the client and their children in the appropriate forums.

Frequently Asked Questions

Is it possible to obtain the assignment of the home if the children are with me only on weekends?

Generally, case law tends to assign the home to the parent with whom the children habitually reside. If the periods of stay are limited to weekends only, it is very difficult to obtain the assignment of the family home, as the function of protecting the child's daily domestic habitat would be lost. However, each case must be evaluated individually to understand if there are exceptional circumstances.

If the house is my exclusive property, can the judge assign it to the other parent?

Yes, the judge can assign the family home to the non-owner parent if that parent is the custodial parent of minor children or non-self-sufficient adult children. The right of ownership, in this specific area of family law, gives way to the paramount interest of the children in maintaining their usual living environment.

Does the assignment of the home affect the maintenance allowance?

Absolutely yes. The assignment of the family home represents a significant economic value, comparable to a notional rent. Consequently, in calculating the maintenance allowance due for the children (and sometimes for the spouse), the judge will take into account the fact that one of the parents is using the dwelling without incurring rental costs, thereby reducing or adjusting the amount of the allowance due from the other parent.

When does the right to the assignment of the family home cease?

The right to use the family home ceases when the children become economically self-sufficient and leave the dwelling, or if the assigned parent ceases to reside there permanently, cohabits *more uxorio*, or remarries. In these cases, the owner parent can request the revocation of the assignment through a specific application to the court.

Request an Evaluation of Your Case in Milan

Issues relating to the assignment of the family home require expertise and sensitivity. If you believe there are grounds to request the assignment of the property even if you are not the custodial parent, or if you wish to protect your real estate assets in compliance with the law, it is essential to act with the support of a professional. Contact lawyer Marco Bianucci for an evaluation of your case at the Milan office located at Via Alberto da Giussano, 26. Together, we will analyze your situation to identify the most effective strategy to protect your rights and the well-being of your children.