The Court of First Instance had rejected the claim based on their view that the wife had a property right to usage of the home which allowed her to possess the property (ius possidendi) as a tenant and so with the inherent legal protections alongside those of the owner. The Court of First Instance had also rejected the claim based on the fact that the use of the home was granted prior to the foreclosure proceedings and therefore the acquisition was posterior.
In addition, the County Court upheld the first instance ruling granting preference to the wife’s right to reside in the family home over the awardee as they considered that the buyer had acted in bad faith and with a lack of diligence as the edicts had shown that the home was occupied and that the wife was not a beneficiary under the loan.
For further information please contact Ana Lizano: [email protected]