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Situations in which an eviction may be carried out due to dilapidated housing

Date: October 2, 2022 Time: 20:05:12


My son is in the process of divorcing his wife. The problem arises that the house they live in is mine, they don’t pay me anything for rent, and we don’t have a contract. Since he works and she does not, the lawyer tells her that the family home will definitely be given to her. How long should I let him live in the house for free? My son will need help to rent another house, and this money will come in handy because he will have to pay her alimony for a while.

Although her son and daughter-in-law will have a row the rights/obligations that will be assigned to them in the divorce decision (unless they reach an agreement, in which case, except in very exceptional cases, the judge will approve it), they cannot influence you as a foreign third party.

If the transfer to the use of the house was, as indicated, free of charge and there was no contract, relationships are defined as “unreliable”. Unreliable requires that there be no rent or other considerations, and that the reason for its existence is the mere generosity of the owner.

In that case you have right to return home however, one of the spouses to whom use in divorce proceedings has been awarded cannot object to such assignment to you. The procedure you must take if you disagree with anything else is the unreliability eviction procedure.

*Answer prepared by law firm Echeandia & Alevito: www.echeandia-alevito.com

Source: www.lainformacion.com

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