Spanish Divorce Law: PropertyImpact of a new Relationship on Use of the Marital Home after relationship breakdown
The above reasoning may be modified where the sharing of the property with the new partner may be considered detrimental in some way to the children, it being the interests of the children that are paramount in the eyes of the court at all times.
Other Relevant Factors
It has also been held by the Court of Appeal in Zaragoza, when applying the Law of Joint [Child] Custody passed by the Aragon Parliament a year ago, that where the property was owned solely by the father of the child, that the property should be returned to him once the child had reached the age of 12.
The Court decided that the mother being relatively young, and working, had the same responsibility to provide a house for her child as the father.