Acórdão nº 9230269 de Court of Appeal of Porto (Portugal), 09 de Maio de 1992
| Data | 09 Maio 1992 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR FAM.
Legislação Nacional: CCIV66 ART1110 N3 ART1779 N1 ART1793 N1.
Jurisprudência Nacional: AC RL DE 1978/11/02 IN BMJ N285 PAG363.
Sumário: I - Só seria possível a divisão em dois apartamentos - primeiro andar e rés-do-chão - da casa da morada de família, em caso de divórcio, se qualquer deles satisfizesse as necessidades habitacionais dos ex-cônjuge, o que não sucede se a ex-esposa, ao cuidado de quem foram entregues os filhos menores do casal, passasse a dispor do primeiro andar, sem cozinha, e tivesse de utilizar a única existente no rés-do-chão, que ficaria a ser a habitação do ex-marido. II - Com efeito, a lei, ao estabelecer o regime do destino da casa da morada de família, parte do pressuposto da impossibilidade de continuação da vida em comum do casal que fundamentou o divórcio, por isso que não...
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