How can the abandonment of the conjugal home be established?
Verified 17 September 2026 - Public Service / (Prime Minister)
Are you married and your spouse has left the marital home? This is a violation from duty of community of life arising from marriage. You can make that clear. We explain how to do it.
Abandonment of the marital home is a violation of duty of community of life resulting from the marriage.
Abandonment of the marital home may be established by third-party declarations, one finding of the commissioner of justice or a handrail.
The departure of a spouse from the matrimonial home allows to request the divorce for permanent alteration of the conjugal relationship. It also allows you to request a divorce for misconduct.
Please note
- The abandonment of the marital home is not considered to be at fault if it is justified by domestic violence or for a legitimate business reason.
- To ensure that the departure from the marital home is not considered to be at fault, you can write together a written agreement, that you both sign.
- The spouse who leaves the conjugal home must continue to contribute to the costs of marriage.
Any person (relative, friend, neighbor...) with personal knowledge of your spouse's departure can establish a witness certificate.
In this certificate, the person must clarify what she knows the departure of your spouse.
It shall include the following information:
- Day, time, circumstances of the spouse's departure
- Any statements he made on departure
- Material facts (for example, the husband took his personal belongings with him, he did not return to the home).
This certificate must be written, dated and signed by the hand of its author. It must be accompanied by the copy of proof of identity (identity card, passport, driver's license ...).)
A sample witness statement is available:
You must contact a commissioner of justice.
Who shall I contact
The Commissioner of Justice moves to your home to establish a record observing the departure of your husband (absence from home, absence of his personal effects...).)
It is a authentic act. It's a evidence which established a specific situation on a certain date.
The Commissioner of Justice realizes this without judicial authorization.
The establishment of the finding of the Commissioner of Justice is fee-paying. The fees are freely fixed by each commissioner of justice. Only the commissioner of justice can tell you his rates.
You can file a handrail at a police station or gendarmerie for report your spouse has left the matrimonial home or you are leaving the matrimonial home.
The handrail may constitute an item of evidence.
Warning
In case of domestic violence, if you leave the matrimonial home, it is recommended to lodge a complaint.
Who can help me?
Find who can answer your questions in your region
Administrative information by telephone - Allô Service Public
For more information on this subject, you can contact Allô Service Public.
Please note: the service does not have access to users' personal files and therefore cannot provide information on their progress.
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The informants who answer you belong to the Department of Justice.
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