Ms. M. M. (the “Claimant”) filed an action with the District Court Bratislava II against her husband, Mr. Š. M. (the “Defendant”) to revoke his right to use the common household. This action was subsequently granted by the District Court Bratislava II, first in the form of a preliminary decision revoking the Defendant’s right to use the apartment and later as a final decision in the form of Decision No. 5 T 26/04. The court also found the Defendant guilty of the criminal offence of battery of a close relative and entrusted person and sentenced him to imprisonment. The Defendant had frequently insulted the Claimant, punched her, thrown pots at her and forced her by threats to have sexual intercourse with him, which made the Claimant afraid to use the common household with the Defendant. Although they were divorced, they had not agreed on a property settlement and thus, the apartment formed a part of the undivided co-ownership of spouses and the Defendant retained his rights to the apartment. Pursuant to Section 146(2) of the Civil Code, if further co-habitation with a spouse, divorced spouse or close person who is a common user of the same household becomes insufferable due to his / her physical or psychological violence or threats thereof, the court may, upon a petition, revoke or limit such violating party’s right to use such common household. In this case, the District Court Bratislava II revoked the Defendant’s right to use the apartment under the abovementioned provision of the Civil Code.
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