The Provincial Court of Málaga has revoked a separated mother's exclusive use of the family home. The court's decision follows evidence confirming that the mother and her minor daughter had not resided in the property for more than nine months, having instead been living at the grandparents' home.
Under Spanish family law, the right to exclusive use of the family dwelling is typically granted to the custodial parent to ensure the child's stability. By determining that the residence was no longer being used as the primary home for the child, the court ruled that the legal justification for maintaining the mother's exclusive occupancy had ceased to exist.
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