The Supreme Court specifies that for the purposes of assigning the family home, the child must permanently spend his time in the home.
With a recent pronunciation, theorder n. 11844 / 2019, the Supreme Court of Cassation rejected the appeal of an ex-wife who contested the revocation of the assignment of the family home and the reduction of the maintenance contribution for the adult daughter.
The Court justified the provision by explaining that, for the purpose of assigning the family home, it is necessary that the child live permanently in it, a requirement that, for the Ermellini, fails if he returns home only on weekends. According to the Court, in this case one cannot speak of coexistence but rather of mere hospitality.
This precedent certainly gives impetus to a new series of appeals filed by the lawyers for the modification to the conditions of separation and divorce.
An increase in appeals in the Courts like the one in Milan is expected for the modification of the same.