Le Sezioni Unite sull’incidenza del vincolo derivante dall’assegnazione della casa familiare in sede di scioglimento della comunione (nota a Cass. civ., Sez. Un., 9 giugno 2022, n. 18641)

Di Dario Buzzelli - Giuseppe Colaiacomo -
The judgment of the United Sections commented on here addresses the question whether, when dividing a property jointly owned by two separated spouses, it is necessary or not to take into account the decrease in the commercial value of the asset resulting from the presence on the same of the bond constituted by its assignment, as a family home, to one of the co-owners, when the division takes place through the attribution to the latter of the ownership of the entire property with an adjustment in favor of the co-owner. The negative solution, which the nomophylactic organ reaches, is to be shared. But the overcoming of the restricted perspective to the consideration of the assignee’s right o. . .