Profit of intervention and exclusive use of the couple's property after separation in fact

Abstract

Nowadays the reality of people is very different from the one that existed before, especially with regard to the beginning and the end of affective relationships, with marriage and common-law marriage being themes that are at the center of such discussion. Faced with this new social scene established, that indissolubility that previously prevails in relation to marriages is no longer present, being certain that the termination of marriages (and more recently of common-law marriage) occurs, at least in fact, with the simple desire of one, with their departure from the marital home with the aim of ending that relationship. In this context, there is an increasingly recurrent situation in which one of the spouses / partners ends up exercising exclusive ownership of the couple's property (whether movable or immovable), which raises the discussion about the rights of the other relating to such use. In such a way the present work has as scope the analysis as to the existence or not of a obligation to return in such cases, as well as the foundations that would support it, if supported by the obligation to indemnify in the face of damage caused or if it comes from profit of the intervention.