Home abandonment is a legal concept used when one of the spouses leaves the residence where the couple lived. It means leaving home, which happens by their own will (voluntarily).
The concept of home abandonment applies equally to people who are married or who live in a stable relationship.
What characterizes home abandonment?
According to the Civil Code, voluntary abandonment of the home is characterized by removal for the minimum period of one year.
Other characteristics of home abandonment are:
- the couple must be married or live in a stable relationship,
- leaving the house happens of their own volition,
- intention not to return home: when the individual no longer returns home,
- leaving is not justified: leaving after an aggression, for example, does not characterize home abandonment.
What are the consequences of leaving home?
The consequences are variable and will depend on the analysis of each specific case, that is, there are no fixed rules for this situation.
The judge's decision will take into account the evidence that is presented in the divorce process (or dissolution of a common-law marriage).
Consequences for sharing goods
In relation to property acquired during marriage or stable union, it is necessary to know that the abandonment of home does not make the individual lose the right about your part in sharing.
According to the law, when the sharing process takes place, the rules of the property community regime chosen when the marriage was celebrated will be respected.
But, until the process and sharing are completed, the person who stayed in the property will be entitled to ownership of it. The rule also applies to furniture that integrates the residence.
Also read the meaning of stable union.
Usucapion for abandonment of the home
If the period of abandonment is over two years, whoever remains in the house has the right to file an action of possession of the property that belonged to the couple. The right is provided for in article 1240-A of the Civil Code.
For this, it is necessary to prove that the person who remained in the house has fully assumed the responsibilities for the property.
In this action, you can claim ownership of half of the property that belongs to the one who left the home. According to the evidence presented in the process, those who left the home could lose their right to share in the sharing.
To be entitled to propose the adverse possession action, it is necessary to meet some requirements:
- the property must have a maximum of 250 m2,
- the house must be registered in the couple's name,
- the property must be used as housing,
- whoever asks for adverse possession cannot own another property.
Learn more about adverse possession and see the meaning of civil Code.
Consequences on request for alimony
It is possible that in some cases, the person who has left the home may receive alimony. This depends on confirming the need of the person asking and proving that the other party is able to make the payment.
But it is important to know that most court decisions on the subject define that the individual who leaves the home loses the right to receive child support.
Find out more details about scheme. partial community property and see the meaning of litigious divorce.
Consequences for child custody
First, it is necessary to know that the situation of home abandonment should not influence rights that are relating to children, that is, these rights are protected and cannot be harmed by the abandonment of the home.
As in other situations where the custody of minor children is discussed, one of the most important points in the judgment considers who has better conditions to care for and manage their children's lives.
Therefore, decisions can vary and are analyzed according to each case. Depending on the situation, custody of children can be given to those who stayed at home or those who left the home.
To learn more about child custody, read about shared custody.