How can a spouse declare that he or she has abandoned his or her matrimonial home?

Verified 20 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)

You are married and your spouse has left the marital home? This is a violation of the duty of community of life arising out of marriage. You want to make that clear? We explain how to do it.

L'abandonment of marital home is a violation of the duty of community of life resulting from marriage.

Abandonment of the marital home may be established by third-party declarations, one statement by the commissioner of justice or a handrail.

The departure of a spouse from the matrimonial home makes it possible to ask divorce for permanent alteration of the marital relationship. It also allows you to apply for a divorce for misconduct.

Any person (close, friend, neighbor...) having personal knowledge of your husband's departure can establish a witness certificate.

In this attestation, the person must specify what she knows from the departure of your spouse.

In particular, it shall indicate the following information:

  • Day, time, circumstances of the husband's departure
  • His statements, if any, on departure
  • Material facts (for example, the husband took his personal belongings with him, he no longer appeared at home ...)

This certificate must be written, dated and signed by the author. It must be accompanied by a copy of a proof of identity (identity card, passport, driving license ...).

A model witness attestation is available online

Model Witness Attestation

You need to contact a commissioner of justice.

The Commissioner of Justice travels to your home to establish a report noting the departure of your spouse (absence from home, absence of his personal effects...).

This is a authentic instrument. It's a proof who establish a specific situation on a certain date.

The Commissioner of Justice realizes this without judicial authorization.

The Commissioner of Justice has to pay to make his findings. Fees are freely fixed by every justice commissioner you owe contact to find out the amount.

You can submit a handrail at a police station or gendarmerie to point out your spouse has left the marital home or you are leaving the marital home.

The handrail may be evidence.

Who shall I contact

Warning  

in case of domestic violence, if you leave the marital home, you must lodge a complaint.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

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      For more information on this topic, you can contact Allô Service Public.

      Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

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