Court Battle Over the Family Apartment: How It All Began
Spain’s Supreme Court (Tribunal Supremo) has put an end to a high-profile case over the eviction of an adult son from his parents’ apartment in Oviedo. The story began back in 2018, when the son, left without means to support himself, moved back into the family home. Initially, his parents supported him, but soon living together turned into a series of conflicts. Tensions escalated after the son accused his father of sexual abuse. The investigation found no evidence, but the father was forced to leave and move in with his daughter. Attempts to return to the apartment only led to more arguments, and eventually the man was denied access to his own home.
Guardianship and the Dispute Over Joint Property Rights
To protect his wife and preserve the family’s assets, the head of the household initiated guardianship proceedings for his spouse—meaning the administration of the autonomous community of Asturias (Principado de Asturias) would now represent her interests. In 2023, the man filed an eviction lawsuit against his son, claiming he was occupying the apartment without legal grounds. The lower court sided with the father, but the appellate court overturned the decision, ruling that the guardian’s consent was required, since the property belonged to both spouses.
Supreme Court: One Spouse Can Defend Joint Property
The Supreme Court reviewed the appellate position and ruled that either spouse has the right to independently protect their joint property, even if the other is under guardianship. The judges emphasized that the law does not require the mandatory participation of a guardian in such lawsuits. In this case, guardianship was exercised not by the spouse, but by a state institution, which does not restrict the other spouse’s right to defend their property. Therefore, the father acted within the law when he went to court without the guardian’s consent.
The right to cohabitation and family obligations
The court paid attention not only to property issues but also to personal circumstances. The man attempted to restore his life with his wife, with whom he had lived for almost fifty years. The judges noted that the son had stayed in the apartment only with his parents’ consent, and after it was revoked, his presence became unlawful. The plaintiff’s age, the closed criminal case, and the son’s attempts to exploit the situation all influenced the court’s decision.
Eviction by law: how ‘precario’ differs from tenancy
Eviction on the grounds of ‘precario’ applies when someone lives in an apartment without a contract and refuses to leave after permission is withdrawn. Unlike disputes with tenants, there is no contract or obligation to pay rent. The court confirmed that if the owner withdraws previous consent, the former resident must vacate the premises.
Evicting relatives: myths and the court’s view
The high-profile ruling dispelled popular misconceptions. First, family ties do not grant automatic residency rights. Second, a residence permit can be revoked at any time. Third, courts do not always side with relatives—when there are no legal grounds, the property owner is favored. This case has become a landmark precedent for family property disputes.
