A major cause of divorce, abandonment of the marital home occurs when one spouse leaves the family residence, with or without a judge's approval, in a crisis situation. According to the law, marriage implies a shared life. Therefore, should abandoning the marital home be considered grounds for divorce? Is a judge's approval required?
Principle of abandonment of the marital home
The wrongful nature of abandoning the marital home
When spouses marry, they mutually commit to a shared life. This means they are obligated to reside under the same roof in a home they choose together. Therefore, abandoning the marital home can, in principle, constitute grounds for divorce.
It should be noted that the wrongful nature of abandoning the marital home can be aggravated if this abandonment is abrupt and carried out without warning or explanation to the spouse.
Note : In the case of a rental, the spouse leaving the home normally remains jointly liable for the rent and charges. The Elan law of November 23, 2018, put an end to this joint liability in cases of physical and psychological coercion.
The exceptions to the principle
