News
How to determine the value of the marital home to be paid to the non custodial spouse
- 02/11/2021
The Second Section of the Court of Cassation, with the decree n. 28871 on 19th October, 2021, sent the documents to the First President for the possible assignment to the United Sections of the debated question relating to the division of the family house in the event of separation. The issue matter of jurisprudential contrast concerns the need or not to consider the assignment of the enjoyment of the family house to one of the spouses in order to determine the commercial value of the property at the time of its division. Therefore, the proposed question is whether, in determining the value of the asset, resulting from the right of enjoyment attributed to the spouse in custody, should also be considered.
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