Growing Number of Lawsuits Over Return to Marital Homes

Growing Number of Lawsuits Over Return to Marital Homes


The Supreme Council of the Judicial Power recently issued a report disclosing an escalating trend in lawsuits related to return to marital homes.

After a consistent number of cases in 2017 and 2018, there was a significant increase of 9.86% to 18,956 in 2019. Although the COVID-19 pandemic led to a reduction to 15,611 cases in 2020, the number bounced back strongly to 19,121 in 2021 – a record high.

The total number of such cases from 2017 to 2021 reached a staggering 88,186. Predicated primarily on Article 51 of the Family Code, these lawsuits uphold lawful cohabitation as a mutual right and obligation between spouses. The law allows for intervention by public prosecution, particularly in cases where a spouse has been unfairly expelled from the marital home.

Observers suggest this upward trend may reflect a heightened awareness of marital rights and a rising empowerment of individuals to seek legal redress.