The Supreme Court of Spain has settled the question of whether compensation can be claimed when an ex-spouse continues to live in the family home after divorce. The judges clarified: if the right to reside in the property was granted by court order, the other spouse is not entitled to financial compensation unless this was specifically agreed to or ordered by the court.
The case in question concerned a situation where, after the divorce, one spouse remained in the family home with the children, while the other, years later, tried to claim compensation for being unable to use their share of the property. The claim was based on the argument that they had been deprived of their share, and even included an expert valuation, according to which compensation could have exceeded 247,000 euros.
However, both the lower and appellate courts, and later the Supreme Court, rejected these claims. The judges emphasized that granting residence rights in such cases is a social protection measure, not an economic benefit. This practice is intended to safeguard the interests of the children and the parent who remains with them, rather than to create financial obligations between former spouses.
In Spain, during divorce proceedings involving minor children, courts typically grant the right to use the family home to the parent who receives custody. This is done so that the children can continue to live in familiar surroundings. The court does not view this decision as a means of rewarding or punishing either party.
When children grow up and leave home, the question of further use of the apartment can be reconsidered. However, even in this case, the former spouse does not automatically gain the right to compensation for the years spent outside the residence. To receive compensation, there must either be a prior agreement in place or a separate court ruling.
The Supreme Court also noted that in certain autonomous communities, such as Catalonia or the Basque Country, local regulations may apply that take such situations into account. However, in most regions of Spain, the Civil Code is followed, which does not provide for compensation for the use of the family home after divorce unless it has been specifically agreed upon.
The court reminded that the right to use the property granted by a court decision is temporary and auxiliary in nature. It does not grant the right to dispose of the apartment, rent it out, or sell it without the consent of the other owner or court approval. If the property is rented out without consent, the other spouse may demand termination of the right to use and claim any resulting profits.
The right to use an apartment does not end automatically when children reach adulthood or leave home. A separate procedure must be initiated to prove that circumstances have changed to such an extent that the previous arrangement is no longer relevant.
Thus, the Supreme Court confirmed: if after a divorce one spouse continues to live in the family apartment by court decision, the other cannot demand compensation for this period unless such a condition was previously agreed upon or established by the court. This ruling affirms existing case law and emphasizes the priority of protecting the interests of the family and children in such disputes.
