Dear readers and dear readers,
This week I want to talk to you about a very interesting question, which manifests a problem concerning so many separations and on which the Cassation has also intervened.
The case is that of a couple who separate and the marital home is assigned to the wife as the placer of the minor children.
The woman though does not promptly carry out the transfer of domestic utilities, which they continue to be in the name of the husband who therefore finds himself having to bear the costs of water, gas and electricity without even living in the house where they are consumed.
What might immediately come to mind is of disconnect the utilitiesdriven by the satisfaction of leaving the other in the dark, without water and without heating.
This conduct, which could even make you smile, is actually extremely dangerous as criminally relevant.
The Court of Cassation has in fact ruled that disconnecting the utilities to the spouse who has not promptly performed the transfer of the same integrates the crime of arbitrary exercise of one’s rights with violence against persons pursuant to art. 393 of the criminal code, punished upon complaint by the injured party with imprisonment of up to one year.
But what should a person who finds himself in this unpleasant situation do? What does the law say?.
You have to know that the costs relating to domestic utilities, as well as television licenses and waste disposal costs are the exclusive responsibility of the spouse to whom the house is assigned, unless otherwise agreed which provides for the responsibility of the owner spouse.CopyAMP code
That said, if the assignee spouse fails to do so, excluding the possibility of “doing justice himself”, the spouse concerned will necessarily have to propose an appeal for an injunction attaching the provision of assignment of the house and the bills for domestic utilities paid from the moment of the assignment onwardsso as to obtain, precisely, a injunction order with which the Court will order the other spouse to pay a specific sum of money equal to the disbursements made.
WHAT DO I THINK?
I believe that in this case too, as in any other area of life, the keywords are shrewdness, sense of responsibility and independence, elements that allow us to keep our guard up, act appropriately and, above all, protect ourselves by avoiding unpleasant negative repercussions .
This is a column of legal information and dissemination that has the sole purpose of wanting to contribute to the knowledge of one’s rights on a social level as it is my belief that only in this way is it possible to protect them effectively from a legal point of view.
If you have any questions or want to propose a topic to talk about, you can do so by writing to me at the e-mail address [email protected] or by filling out the form that you find on the website www.studiolegalefois.com. If you want to keep in touch with me, download my Studio Fois app for free from Android or Apple platforms.
Attorney Fulvia Fois