Cuestiones controvertidas en torno al derecho de uso de la vivienda familiar tras la reforma del art. 96.1 CC

Resumen

One of the most problematic issues at the time of family bankruptcy is the attribution of the right of use over the family home. This can be obvius, if we see the price of buying a house in the current real estate market, the difficulties of access to the purchase and sale of real estate, and the increase in rental prices. The recent reform of article 96.2 of the Spanich Civil Code, Law 8/2021, of June 2, 2021, which reforms the Civil Legislation for the Support of Persons with Disabilities in the Exercise of their Legal Capacity, has not put an end to the problems arising from its attribution and use, nor does it take into account the economic conditions in which the spouse or co-owner who is stripped of this right is left. In this article, we take a look at the most controversial points of the right of use, and some posible solutions, depending on the circumstances of the family.