Criterios de atribución del uso de la vivienda familiar en el régimen de custodia compartida

One of the most recurrent aspects in family crises arising from a marital breakdown is that of use destination of family housing, given its great heritage and personal relevance. In these cases, art. 96 CC establishes different criteria for attributing the right to use it, but none concerning the cases of shared custody. They have been the courts have done them - and continue to do so - an incessant work of adapting the aforementioned article to the specific case and to the social reality, with the purpose of reaching solutions that contemplate not only the best interests of the minor, but also other legitimate interests worthy of protection, such as the neediest parent, the owner or co-owner of the family home, etc. The purpose of this study is to know this jurisprudential development and to compare it with the solutions offered by regional legislator, in the search for the better law