The Directorate General for Legal Certainty and Public Faith has upheld a registrar's refusal to register the attribution of use of a home derived from a divorce settlement. The ruling establishes that, as the common child has reached the age of majority, the registration of the right of use is not appropriate under Article 96 of the Civil Code. For registration to proceed, a new judicial ruling would be required to establish a new right of use based on specific circumstances.
For individuals undergoing divorce proceedings, the attribution of use of the family home in settlement agreements has a time limit linked to the children reaching adulthood (Art. 96 of the Civil Code). Once this age is reached, the right of use cannot be registered in the Land Registry, meaning that protection of the right to use the home does not extend automatically if the child is already an adult, unless a new judicial ruling provides such protection.
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