The abandonment of the marital home is a delicate and complex issue, often at the center of legal disputes during separation proceedings. This act can be defined as the decision of one spouse to leave the family residence without the consent of the other and without just cause. The matter is significant as it can affect the attribution of fault in the separation, that is, the court's decision to assign blame for the end of the marriage to one of the spouses.
In Italy, the civil code regulates marriage and its potential causes of dissolution, including legal separation. According to case law, abandonment of the marital home, if unjustified, may represent a violation of the marital obligations established by Article 143 of the civil code, which imposes on spouses the duty to cohabit. However, not every departure is automatically considered unjustified: there are circumstances in which it may be legitimate, for example in cases of abuse or danger to one's safety.
The attribution of fault in separation has significant legal consequences, including the loss of the right to maintenance by the spouse attributed with fault. To obtain a fault attribution, the spouse who suffers abandonment must prove that such behavior was the cause of the irreparable marital crisis. It is not enough to demonstrate the physical abandonment of the marital home; it is also necessary to prove the causal link between such behavior and the failure of the marriage.
If you are facing a situation of abandonment of the marital home, it is essential to consult an experienced family law attorney. The Bianucci Law Firm offers personalized consultations to analyze your specific case, evaluate any justifications for abandonment, and assist you in the separation process. A family lawyer can provide valuable guidance to understand your rights and responsibilities, as well as represent you in negotiations and legal proceedings.
If you would like further clarification on the abandonment of the marital home and the attribution of fault in separation, do not hesitate to contact the Bianucci Law Firm. We are at your disposal to offer you tailored legal advice and accompany you throughout the legal process.