Loan of the House to the Son: What Happens if He Separates?

The loan of a property is a common practice among parents and children, often used to assist the latter when establishing a new family unit. But what happens if the son, to whom the house was loaned, decides to separate? Can the parent request the return of the property?

The Loan Agreement: Definition and Characteristics

The loan is a real, free, and temporary contract, by which one party (the lender) delivers a movable or immovable asset to the other (the borrower) so that they can use it for a specified time or purpose, with the obligation to return it at the expiration of the agreed term or at the end of the use.

Separation: Implications on the Loan

In the event of the child's separation, the issue of returning the house granted on loan can become complex. Generally, the parent may request the return of the property; however, there are several variables to consider:

• Terms of the loan agreement: If a written agreement has been made specifying terms and conditions, this will be the first reference for evaluating the possibility of recovering the asset.
• Needs of the borrower: If the son has minor children, the judge may consider the appropriateness of keeping the property with the custodial parent for the well-being of the minors.
• Specific use: If the loan was intended for a specific use, such as residence during the marriage, the separation may justify the request for return.

"Case law has repeatedly emphasized that, in the absence of a specific term, the loan can be revoked in case of unforeseen necessity of the lender."

Conclusion: Contact the Bianucci Law Firm

If you find yourself in a similar situation and wish to better understand your rights and the options available to you, do not hesitate to contact the Bianucci Law Firm. Our team of experts is at your disposal to provide you with the legal assistance you need.