abandonment of marital residence
abandonment of marital residence
Spouses often decide to end their marriage but are afraid to leave the marital home, fearing it may be considered abandonment of the family or marital residence. In other words, although they want a divorce or can no longer bear living under the same roof as their spouse, they endure the situation because they don’t know how to leave. Their fear is often rooted in misinformation or hearsay from acquaintances who are equally unaware of the legal reality. Therefore, it is essential to clarify what applies and explain what steps you can take to leave your marital home when seeking to dissolve your marriage and end your marital cohabitation.
What is considered abandonment of marital residence?
Abandonment of marital residence (an informal term not explicitly mentioned in the law) can generally refer to the cessation of marital cohabitation. The forms of “abandonment” may vary and can include, as case law indicates:
• Leaving the marital home,
• Refusing to settle in the couple’s new residence,
• Expelling one spouse by the other through physical violence or intense psychological pressure,
• Obstructing the return of a spouse who wishes to resume living in the marital home,
• Emotional withdrawal or maintaining a distant, indifferent attitude, treating the spouse as merely a housemate, thereby rejecting true, meaningful cohabitation despite formally continuing to share the home.
Abandonment of marital residence may be justified when one spouse’s behavior forces the other to leave the marital home. Conversely, it is unjustified when the departing spouse chooses to leave for personal reasons unrelated to the other spouse’s actions. In all cases, it is clear that no one is obligated to maintain a marital cohabitation they do not desire, as this falls under the right to freely develop one’s personality. Marriage is a mutual choice, and when one spouse no longer wishes to cohabitate, the marriage loses its purpose.
Leaving the marital home with dignity
Our office consistently advises clients (after all attempts to remain in the family home have been exhausted) to leave, especially when staying creates tension and arguments, particularly if children are involved. If someone no longer wishes to live with their spouse, they should leave with dignity and without conflict. Naturally, if the other spouse is responsible for the “abandonment,” then leaving the family home is imperative if desired and should occur before the situation escalates into incidents of domestic violence.
What happens after leaving? What are the consequences?
First, note that justified abandonment of marital residence has no legal repercussions. However, clients are often concerned about what happens when their decision to leave stems purely from personal reasons, without fault on the part of their spouse. For instance, what if someone leaves because they have formed a relationship with a third party and wish to live with them? The answer is: “Nothing substantial.” In such cases, the other spouse may request a divorce due to irretrievable breakdown of the marriage and achieve its dissolution. However, this is often irrelevant to the spouse who left, as they likely sought to end the marriage when they decided to leave.
A common question we receive is: “Will the divorce be granted against me?” This leads to a discussion about whether fault in the divorce matters. In practice, fault in divorce is insignificant because a divorce only results in the dissolution of the marriage. The spouse who leaves is rarely concerned if the cause of the divorce (irretrievable breakdown) is attributed to them.
The legal consequences of fault
Fault in the divorce has only one legal consequence, which is related to spousal support claims. Specifically:
A) During separation: Under Article 1391 of the Civil Code, if the spouse who left is at fault for the cessation of cohabitation and the other spouse cannot sustain themselves financially, the departing spouse may be required to pay alimony to cover basic expenses. Moreover, a spouse at fault for the separation cannot claim alimony for themselves, even if they are financially needy.
B) After divorce: If the departing spouse is partially or fully at fault for the breakdown of cohabitation and is entitled to alimony, the court may award reduced support.
Final thoughts
Thus, leaving the marital home only has consequences related to alimony, especially when the departing spouse is the one entitled to support. Beyond these financial considerations, leaving the marital home has no other consequences. Therefore, if such issues do not arise, there is no reason to remain in an unwanted cohabitation.
However, since complex issues can arise in specific cases, particularly when children are involved, it is crucial to consult an experienced lawyer before ending your cohabitation. Each case has unique circumstances that require personalized guidance. Our office has extensive experience in family law and can provide you with the appropriate advice for every decision you face. The Ideal Choice for Family Law Matters
Economou & Economou Law Office is Greece’s leading law office in family law according to Lawzana, offering specialized, fast, and effective legal support. With extensive knowledge of family law and years of experience handling complex cases, we ensure that every client receives tailored solutions that meet their unique needs.
Whether it’s divorce, alimony disputes, child custody issues, or cases of domestic violence, our team approaches each case with discretion, professionalism, and respect for the individual circumstances of every family.
Trust Economou & Economou law office for reliable solutions backed by expertise and a commitment to excellence in family law. Contact us at (+30) 2103603824 or email us at econlaw@live.com or fill out our contact form for a first consultation of your case, for advice and support that makes a difference.
When it comes to resolving family disputes, Economou & Economou law office is your trusted choice!
