Home abandonment involves leaving the home that was shared with other people.
Home abandonment is the act of leaving a house , leaving the rest of the cohabitants alone. The notion is used in the field of law with reference to what happens when a member of a marriage moves away from the shared residence without there being a justified cause.
It should be noted that abandonment is the act and result of abandoning : leaving someone or something, giving up a right or failing to fulfill a legal obligation to another individual. Home , for its part, is the domicile or home shared by a cohabiting group.
Home abandonment according to the law
The law establishes that the couple united by marriage must develop a stable coexistence . If one of the people leaves the house for a long time and without a justified reason, they will be violating the fulfillment of one of their marital duties and, in this way, committing a crime .
From a legal point of view, the dissolution of cohabitation requires that the person who intends to leave the house approach a court to detail the reasons for their intention. In this way, the separation of the marriage begins to be implemented and the person can move away from the home without their action being classified as leaving home. Another option is for both members of the marriage to file a divorce request by mutual agreement.
Let's take the case of a man who secretly has a parallel romantic relationship and, one day, decides to leave his wife to go live with his lover , without there being a divorce request. The subject's wife, in this situation, can report him for abandoning home.
Justice can determine that abandoning home is a crime.
Some considerations
Specifically, it must be stated that it is considered a crime of abandonment of home when you leave the family home and do not maintain your duty to contribute to its support. By this we mean both paying mortgage payments, for example, and supporting your spouse or any children you may have.
However, in addition to those stated above, we have to establish that there are exceptions that determine that whoever has left does not incur the aforementioned crime. Thus, it is determined that you do not fall under the same category if you have had to leave because you were a victim of domestic violence by your partner.
Furthermore, it will not be considered as such if, within a maximum period of 30 days of leaving, you decide to file a divorce application with the relevant judicial authority.
Abandonment of home without leaving the home
In the same way, it must be clear that a spouse can denounce another for a crime of abandoning home even if they remain living there . You can do so at the time that he completely neglects his obligations, refusing, for example, to contribute to the support of minors, resulting in them finding themselves in a precarious situation. Precariousness because they do not have the necessary clothing, food or hygiene.
Precisely for all of the above, whoever wants to leave home and end their relationship, what they should do as soon as possible is put themselves in the hands of an expert lawyer in the field who can advise them appropriately.