Assegnazione della casa familiare, autonomia privata e prioritaria considerazione degli interessi della prole

The article critically analyses the judicial practice according to which the assignment of the family home follows almost automatically the parent who will live with the children. This recurrent outcome may also lead to unfair solutions for the children themselves, without considering the juridical complexity of family relations. However, the growing importance of private autonomy in the family crisis might bring different arrangements for the assignment of the family home, especially under the recent Cartabia reform, offering adequate implementation of the best interest of the child.