Family Home of the Spouses

According to the case law of the Supreme Court of Cassation of Bulgaria, the determining factor for defining a dwelling as a “family home” is its actual use by the spouses and their minor children to meet their everyday housing needs.

As stated in Interpretative Decision No. 12/1971, the family home includes all living and auxiliary premises that serve the household needs of the family. It is the property inhabited by the spouses and their children before the dissolution of the marriage, or in cases of de facto separation — until the date of that separation.

Therefore, upon divorce, either spouse may request the right to use the family home, provided it was the marital residence prior to separation.

Under Article 26 of the Family Code, any disposal of the family home, when it is owned personally by one spouse, requires the consent of the other spouse, if they do not have another dwelling.

Claims regarding the family home are filed with the competent District Court, represented by a duly authorized attorney.

This article does not constitute legal advice. For legal assistance regarding family home rights or divorce proceedings, please consult a lawyer specializing in civil and family law.