Admisibilitatea cererii de atribuire la divorţ a beneficiului locuinţei familiei în lipsa unei cereri de partaj
Admissibility of a claim for an award on divorce of the benefit of the family home in the absence of a claim for partition

Summary/Abstract: The interpretation of Article 324, paragraphs 1 and 4 of the Civil Code, clarifies that the phrase "until the final date of the partition decision" marks the maximum period for which a decision granting the benefit of the marital home during divorce proceedings produces its legal effects. The admissibility of such an action is not conditioned on the existence of a court request for division of the same property. This was stated by the High Court of Cassation and Justice (HCCJ), in Decision no. 7/2024.

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