Divorce, what happens to the house by the sea co -approaching to wife and husband, who can use it?

Dear lawyer, I am a separate dad, father of two daughters of 12 and 14 years old. My wife and I have a house by the sea in Liguria, which we bought and renovated together during the wedding and which is co -approaching 50%. We are very close to this house; So when we separated, we decided not to sell it, but to use it both with our daughters, each in the periods that are up to us.
The separation agreement approved by the Court does not provide for anything in this regard, it was a gentleman agreement between me and my wife. Except that, my ex, unexpectedly and at all “fair”, last summer prevented me from the use of the house throughout the season, despite, exactly like her, I pay 50% of the costs of the property all year round, ordinary and extraordinary.
She spent the whole month of August in Liguria and so I had to change the holiday programs with my daughters.
What can I do to prevent the same thing this year?
Can the judge assign the house to the sea?
Dario

Dear Dario,
The judge cannot “assign” the holiday home to one of the spouses, because the only house susceptible to assignment is the marital house, that is, the one where the life of the family took place which, by law, is assigned to the parent placement of the offspring.
Therefore, in the absence of agreements, The holiday home in co -ownership among the spouses follows the rules of the civil code on ordinary communion.

Art. 1102 of the Civil Code establishes the general principle for which each co -owner can use the common good as long as he does not alter their destination and does not prevent the other co -owners from making use of it.

His wife, therefore, using the home exclusively and refusing to agree with you any way of alternating enjoyment of the property, has held a behavior against the law. For these reasons, you can contact the civil judge, to ask that it establishes the shift calendar for the use of the property.

In a case similar to his, the court of Ragusa, With a sentence of April 4, 2025, recalling a precedent of the 2008 Court of Lecce, he regulated the alternating use of the holiday home by the co -ownership spouses, according to well -defined periods. You, therefore, could submit to the judge a calendar made on the basis of the time of permanence of the daughters with her.

Moreover, in the case examined by the Court of Ragusa, the woman had tried instrumentally to paralyze the action of her husband claiming that the same should have convened the shareholders’ meeting to discuss and deliberate on the regulation of the right of use of the property, before appealing to the judge.

But the judge rejected the exception of his wife, stating that, in cases like these, art. 1105 of the civil code (for which all co -owners have the right to participate in the administration of the common thing), but art. 1102 of the civil code, since the judgment concerns the use of the common thing and not the administration of the same.

So, she can appeal to the judge without having to conventively convene his wife in the assembly. In conclusion, dear Dario, I suggest you act imMedium in court, because the times of justice are not very fast and summer is coming.