Leaving the family home: an act with profound consequences

The decision of a spouse to leave the family home is a moment of deep rupture, often fraught with tension and pain. We understand that this choice, or being subjected to it, can generate anxiety and uncertainty about the future. Beyond the emotional implications, abandoning the marital home has precise legal consequences that can heavily impact the outcome of a separation and, in some cases, constitute a criminal offense. As an expert family lawyer in Milan, lawyer Marco Bianucci addresses these situations with the aim of clarifying and protecting the rights of his clients, analyzing every detail of the specific case to define the most appropriate strategy.

Civil consequences: fault for the separation

In civil law, the most common consequence of leaving the family home is fault for the separation. This means that the judge, when pronouncing the separation, can declare that the end of the marriage is attributable to the spouse who left. However, it is crucial to understand a key distinction: fault is only assigned if the departure was the cause of the marital crisis and not its consequence. If a spouse leaves because cohabitation had already become unbearable due to the other spouse's behavior (violence, infidelity, constant arguments), the departure is considered a 'just cause' and will not result in fault.

The implications of fault are significant. The spouse to whom the separation is attributed loses the right to receive alimony, even if they are in disadvantaged economic conditions. Furthermore, they lose inheritance rights regarding the other spouse. It is therefore essential to be able to prove, with concrete evidence, the reasons that led to the crisis or, conversely, that the departure was a voluntary and unjustified act that violated marital duties.

When abandonment becomes a crime: Article 570 of the Penal Code

The situation worsens when the departure not only violates the civil duties of marriage but also deprives the spouse or minor children of the means of subsistence. In this case, the crime of violating family assistance obligations, provided for by Article 570 of the Penal Code, may be constituted. For the crime to be constituted, mere departure is not sufficient; it is necessary that the person leaving leaves their family members in a state of economic need, depriving them of what is necessary to live with dignity. This crime is prosecutable upon a complaint by the offended party.

The law provides particular protection for the most vulnerable members of the family unit. Therefore, if the abandonment results in the lack of means of subsistence for minor children or for the spouse who is not economically self-sufficient, the legal consequences become very serious and require immediate legal action to protect the rights of the offended parties and restore the violated balance.

The Bianucci Law Firm's Approach

Addressing a situation of abandoning the marital home requires a strategic and personalized analysis. The approach of lawyer Marco Bianucci, a family lawyer in Milan, focuses on the detailed examination of the circumstances that led to the departure. The objective is twofold: if assisting the spouse who left, the strategy aims to demonstrate the existence of a 'just cause' to avoid fault; if assisting the spouse who has been abandoned, the work focuses on gathering the necessary evidence to prove the violation of marital duties and to request fault, as well as evaluating any criminal aspects to ensure the family's economic sustenance.

Frequently Asked Questions

Can I leave home if I always argue with my husband/wife?

Leaving home is legitimate if cohabitation has become unbearable. However, simple contentiousness may not be considered a sufficient 'just cause' to avoid fault. It is advisable to document the situation and consult a lawyer before making such an important decision, to assess whether the circumstances (e.g., continuous psychological abuse, verbal violence) constitute a cause for the intolerability of cohabitation.

What are the risks for abandoning the marital home with children?

In the presence of children, abandonment takes on greater gravity. In addition to fault for the separation, if the departure results in the lack of means of subsistence for the children, one may incur the crime of violating family assistance obligations. The remaining parent must act immediately to request urgent measures from the court for the protection of the minors, such as the assignment of the family home and the determination of alimony.

When does abandoning the marital home not cause fault?

Fault is not pronounced in two main cases: when the departure occurs for a 'just cause' (e.g., violence, infidelity, an already declared crisis) or when it occurs by mutual agreement between the spouses, perhaps as a first step towards a consensual separation. Essentially, the departure must be the triggering cause of the breakup and not merely a consequence of it.

How can I defend myself from the accusation of abandoning the marital home?

To defend oneself, it is crucial to demonstrate that the departure was not a whim but a necessity dictated by a pre-existing crisis or by the partner's behavior that made cohabitation impossible. The defense is based on gathering evidence such as messages, testimonies from relatives or friends, or any previous reports, which can attest to the state of intolerability of married life before the departure.

Case Assessment at the Law Firm in Milan

The dynamics related to leaving the family home are complex, and each situation is unique. Mismanagement of this delicate transition can compromise one's position in a future separation case. If you are experiencing this difficult situation, it is essential to act with awareness. Contact lawyer Marco Bianucci for a clear and professional assessment of your case. The firm offers legal advice in Milan to help you understand your options and protect your rights with the most effective strategy.