Revocation of assignment of family home

Revocation of assignment of family home to the mother if the adult daughter moves abroad

For the purposes of the assignment of the family home in favour of one of the two parents, the offspring must have a stable connection with the home and must reside there on a prevalent basis.

The merely occasional nature of use of the family home by the children excludes the qualification of the same as the domestic habitat and as the centre of the affective relationships.

Consequently, the mother loses the right to assignment of the family home if the daughter moves abroad.

This applies even if the latter returns home quite frequently.

In that latter case, in fact, according to the prevalent hermeneutic guidance adopted by the legitimacy judges, a relationship of mere hospitality takes shape (Cassation Civil Section IV, order 6 May 2019, no. 11844).