Assignment of the Marital Home: Analysis of Judgment Cass. civ., Ord. no. 32151 of 2023

The recent order of the Supreme Court of Cassation, no. 32151 of November 20, 2023, offers important insights into the issue of assigning the marital home in cases of divorce. In particular, the case examined concerns the request by A.A. to maintain the assignment of the family home, contested by her ex-spouse B.B. The Court held that, despite the adult child having achieved economic self-sufficiency, the issue of assigning the home should be carefully examined with respect to the child's interest.

The Legal Context of Assigning the Family Home

Article 155 of the Civil Code establishes that, in cases of separation or divorce, the marital home may be assigned to one of the spouses, taking into account the interest of the children. The judgment under review clarifies that the assignment of the home must consider not only the economic situation but also housing needs, especially in cases where there are children, both minors and adults.

The family home must be assigned by primarily considering the interest of minor children and adult children who are not self-sufficient to remain in the domestic environment in which they grew up.

The Specific Case and the Court's Decision

In the case of A.A. v. B.B., the Court of Appeal of Reggio Calabria had initially granted A.A.'s request but subsequently recognized that the son, although frequently living in the family home, had achieved a level of economic self-sufficiency thanks to stable employment. This led to an assessment that considered the child's well-being as no longer linked to the necessity of maintaining the assignment of the home.

• Primary interest for the well-being of children
• Importance of housing stability
• Achievement of economic self-sufficiency

The Court reiterated that, in cases of economically self-sufficient adult children, maintaining the assignment of the family home is not automatic, as the child's interest is no longer tied to a stable housing need.

Conclusions

Judgment no. 32151 of 2023 represents an important clarification on the delicate matter of assigning the marital home in divorce contexts. It highlights the need to consider the economic self-sufficiency of children and the primary interest for their well-being, without neglecting housing stability. This approach allows for balancing the rights of parents with the needs of children, providing a clear and updated legal framework for future disputes on the matter.