Araceli Amelia Portocarrero Cabanillas
The main objective of the study was To determine to what extent the right to housing or the marital home, through preferential adjudication, in the declaration of divorce by de facto separation, safeguards due process. The research was exploratory in nature and ended up as a basic, non-experimental study, carried out using the documentary analysis technique with content analysis as its data collection instrument. A non-probabilistic sample was carried out: i) From the five Family Courts of Trujillo, ii) 100% of the population of judgments of the cause of separation of fact, which were 445 judgments (Before the Third Plenary Cassation); and iii) 100% of the population of judgments of the cause of separation of fact, which were 229 judgments (After the Third Plenary Cassation) were used. 100% of the population of judgments on the ground of de facto separation was used, which was 674 judgments. And the results state: “The right to housing or marital home, by means of preferential adjudication, in the declaration of divorce due to de facto separation, economically balances the most harmed spouse, when he/she stays or returns with his/her children, in safeguard of the due process”.
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