An order allocating the family home after divorce concerns occupation, not ownership. Children, housing need and title matter.
A Bulgarian divorce order allocating use of the family home does not transfer ownership. Article 56 of the Family Code governs occupation, while Article 57 may create a tenancy relationship. Partition or a transfer of title is a separate matter.
Where separate use by both spouses is impossible, the request made and housing need are relevant. If there are minor children, the court addresses use of the home of its own motion. Where one spouse owns it, the statutory conditions may allow occupation by the other spouse exercising parental rights. If relatives of one spouse own it, the special statutory possibility is limited to one year.
For a jointly owned home, the assessment includes children's interests, fault, health and other circumstances. Check any marriage contract too: it may regulate the relationship differently within the permitted limits.
Either party may request a rent determination. No rent is payable for the area used by minor children. The decision can be registered with the statutory effect against a later acquirer. Changes in circumstances or the end of housing need require assessment of the grounds to vary or end occupation, rather than changing locks unilaterally.
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This article is for general information only. It does not constitute or replace individual legal advice.