Financial compensation for use of the family home Realistic

Understanding Financial Compensation for Family Home Use in Divorce Cases

Financial compensation for use of the family home is used to alleviate historical inequalities in divorces . The usual thing was for the custodian spouse of the minors to make exclusive use of it. For his part, the non-custodian had to face the expenses of the family residence plus those of his new house.

In many cases, this situation meant an economic imbalance that was difficult to face and which the new laws have tried to normalize.

Use of the family home

The USA Civil Code determines that the use of the family home corresponds to minor children and the custodial spouse . Also included are adult children with disabilities who are equivalent to minors.

The non-custodial parent must be responsible for the expenses of the family home as owner or co-owner. And to these are added the costs of a new apartment or rental for your residence.

In this case you have the right to request financial compensation that must be paid by whoever makes exclusive use of the home.

Financial compensation for use of the family home: amount

Justice must analyze each case individually for the attribution and calculation of economic compensation. In general, various factors are analyzed for its determination, including:

  1. Income value of homes in the area similar to the family home.
  2. Income level of both parents.
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How long does financial compensation last?

Financial compensation for use of the family home can be modified or extinguished by court decision. One of the most common reasons is the lack of need to establish a private nature in the use, because there are no longer minors in charge.

Another reason why it can be terminated is due to the degree of negative impact it causes on the non-custodial owner. A common example is the loss of his income.


The most distinctive characteristics by use of the family home are:

  • Temporary nature: when there are no longer minor or elderly children with disabilities who require custody, this responsibility ends. The court can then determine the use of the home to the parent with the greatest need. According to various rulings, it has been established that the use of the family home must continue until the minors reach 18 years of age and no longer require protection.
  • It can be computed in whole or in part to the ordinary expenses of minors. That is, this value determined for compensation is deducted from the alimony . The jurisprudence makes it clear that when determining the alimony due, it will be taken into account whether the domicile is exclusive to the parent.
  • If there is no agreement between the parties, it will be the judicial authority that will establish the conditions of financial compensation.
  • It can be established in exclusive and shared custody .

Requirements for economic compensation

According to what has been dictated in different sentences, it is possible to conclude a series of basic requirements. These are of great relevance when initiating actions related to this issue.

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The fundamental ones are:

  1. The parent who is assigned the use of the family home that is private to the other party or common to both must not be the right holder of another home authorized for the same use. If he acquires such rights by already making private use of the family home, this will cease. The only exception is if there is an agreement between the parties.
  2. Proof of the rental value of homes in the area and even the family home must be presented . For this, it is necessary to present all the documentation available such as real estate certificates, expertise, etc. There has been a ruling in which the Chamber’s knowledge of these values ​​was sufficient.
  3. The concurrent circumstances of the non-custodial parent are evaluated. If you have, for example, a home that you can use, even temporarily, and you do not present sufficient proof of rental values, the requested financial compensation will be rejected. This is the case of parents who have precarious housing .

When can you request a modification in the attribution of financial compensation?

It is possible to request modification or even termination of the financial compensation for use of the family home. For this to be validated by justice, it is necessary to prove substantial changes in the conditions that motivated it.

If there is no alteration in the concurrent circumstances that gave rise to the first measure, the request will be rejected. This is reflected in the most notable sentences that use the following foundations:

  • The plaintiff does not prove a substantial change in his or the defendant’s economic circumstances.
  • No modification is proven regarding the family home.
  • The establishment of financial compensation or modification in these circumstances would alter the balance of benefits that was originally agreed between the parties.
  • The modification of a measure alters all the rest of the measures that were taken in an agreement between parties. Therefore, the courts analyze any alteration with the utmost caution.
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Financial compensation for the use of the family home is one of the greatest innovations in Family Law . The custodial parent of minor children who makes exclusive use of the family home must pay financial compensation to the other parent. This attempts to end economic inequality between the parties.

This measure must be requested and, if there is no agreement, authorized by the judicial authority. The variables that determine its approval and calculation are the value of the income and the concurrent circumstances of the parties, including the economic situation.

The financial compensation for the use of family housing is temporary and may be modified if conditions change substantially.

In any case, it is essential to have the advice of a lawyer specialized in Family Law and Divorce.

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