Selecting a language will automatically trigger the translation of the page content.

How can a spouse's abandonment of the conjugal home be established?

Verified 16 April 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

By marrying, the spouses oblige each other to community of life.. Abandonment of the marital home is therefore a violation of the duty to live together under the same roof. The departure of a spouse from the conjugal home allows the divorce to be requested for permanent alteration of the conjugal relationship. There are several ways to show this abandonment: statements from third parties, the bailiff's report or the hand-wringing.

Anyone (friend, neighbor...) with direct personal knowledge of your husband's departure can draw up a witness certificate. This certificate must show exactly what he knows about the departure of your husband or wife.

The witness attestation may include the following information:

  • Day, time, circumstances of the husband's departure
  • Any statements he may have on departure
  • Material facts (e.g., the spouse took or did not take his personal belongings with him)

Witness attestation template

The bailiff's report is made on your own initiative.

It is written in your home, in your marital home. This is a authentic and therefore has the force of proof. As a reminder, the authentic instrument establishes a precise situation at a certain date.

The bailiff does not need prior judicial authorization to realize this statement.

The bailiff's fees are fixed freely.

Who shall I contact

Saving a hand at a police station can be done when your husband (husband or wife) leaves the marital home.

This statement must be made on your own initiative and is not really evidence.

It may constitute evidence, but must be supplemented by other evidence.

Who shall I contact