How can a spouse declare that he or she has abandoned his or her matrimonial home?
Verified 20 July 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice
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
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.
Who shall I contact
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.
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
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Duties and respective rights of spouses
Provisional measures
Attestations
Tariff of Commissioners of Justice
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