Should people who use the couple's property alone pay rent to their ex-spouse? Understand the case

Often, one of the ex-spouses has exclusive use of the common property after separation or divorce, even if the division has not yet been formalized. This fact authorizes the ex-spouse who has been deprived of the use of the property to claim, by way of compensation, the portion proportional to their share of the presumed rental income.



It is also necessary to consider, in the specific case, whether the property was also occupied by the creditor's minor children or dependents, in order to determine the amount due. This is because, in addition to the prohibition of illicit enrichment, the common and proportional material obligation to support their dependents persists.



Always seek out specialized lawyers for advice on rights and duties and to reach agreements.