Abandonment home

The abandonment is the act and the result of leave : leave someone or something, give up a right or breach a legal obligation to another individual. Home , for its part, is the domicile or dwelling shared by a cohabiting group.

As can be seen from these definitions, the concept of leaving home is linked to the fact 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 a just cause.

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 performance of one of their matrimonial duties and, thus, committing a crime.

From the legal point of view, the dissolution of the coexistence requires that the one who intends to leave the house approaches a court to detail the reasons for his 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 abandonment of home. Another option is that the two members of the marriage file a divorce application by mutual agreement.

Take the case of a man who is secretly in a parallel relationship and one day decides to leave his wife to go live with his mistress, without a divorce petition. The subject's wife, faced with this situation, can report him for abandoning the home.

Specifically, it must be stated that it is considered a crime of abandoning the home at the time that one leaves the family home and does not maintain its duty to contribute to its support. By this we mean both facing the payment of mortgages, for example, as well as the support of your spouse or the children they may have.

However, in addition to those stated, 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 he does not fall into it if he has had to leave because he was a victim of domestic violence by his partner.

In addition, it will not be considered as such if, within a maximum period of 30 days after leaving, you bet to file a divorce claim before the relevant judicial authority.

In the same way, it must be clear that one spouse can report another for a crime of abandoning the home even if they remain living there. You can do it at the moment that he completely neglects his obligations, for example, refusing to contribute to the support of minors, bringing with him that they are in a precarious situation. Precariousness because they do not have the necessary clothing, food or hygiene.

Precisely for all the above, whoever wishes to leave home and put an end to his relationship, what he must do as soon as possible is to put himself in the hands of an expert lawyer in the field who can advise him in the proper way.

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