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Leaving the marital home: the steps and solutions for a new life
During a separation, one member of the couple may decide on their own to leave the marital home. Do they have the right to abandon the marital home? What are the consequences, particularly when you are a parent? We explain everything.
Understanding the notion of the marital home
The notion of the marital home refers to the shared main place of residence chosen by the spouses as their home at the time of the marriage contract, and where they carry out their family life. It is a fundamental legal concept in family law.
Legal definition and implications of the marital home
Joint choice : The spouses must choose the marital home by mutual agreement , otherwise it would be a violation of article 108 of the Civil Code.
Protection of the home : Even if only one spouse is the owner or tenant, the other cannot be evicted, nor can the property be sold without their consent.
Impossibility of leaving the home alone: One spouse cannot unilaterally change the marital home without justification (e.g. violence, divorce proceedings).
Rights and duties linked to the marital home
The rights and duties linked to the marital home are governed by the Civil Code and fall under matrimonial obligations.
The family home is not simply a place to live: it embodies the spouses' shared life, protected by law, whatever the matrimonial regime.
The right to cohabitation
Obligation to live together (article 215 of the Civil Code): spouses are obliged to live together in the marital home, except in particular circumstances (work, illness, temporary separation).
Neither spouse may impose a unilateral move from the shared residence on the other.
Prohibition on disposing of the home alone
The family home is protected, even if it belongs to only one of the two spouses.
It is forbidden to sell, let, mortgage or terminate the lease of the marital home without the express consent of the spouse (article 215, paragraph 3).
Right of use and right to remain in the home
In the event of a break-up or divorce, the judge may award the home to one of the spouses, even if they are not the owner.
In the event of the death of a spouse, the surviving spouse may remain in the home free of charge for one year, even if the property belongs to the estate (article 763 of the Civil Code).
Consistency with the obligations of marriage: the family home entails other duties:
Duty of fidelity : adultery in the home may constitute a fault.
Duty of support and assistance : this includes contributing to household expenses (rent, charges, maintenance, etc.).
Duty of respect : a context of violence or pressure to encourage abandonment of the marital home may justify protective measures or constitute a fault in divorce proceedings.
Why leave the marital home: legitimate grounds
Personal and family reasons for leaving the marital home
Judicial authorisation
In certain cases, a spouse may ask the family court judge for authorisation to live separately as part of divorce proceedings (or judicial separation).
The judge may temporarily grant the right to occupy the family home alone, in this case with immediate effect.
De facto separation by mutual agreement between both spouses
If both spouses agree on a temporary separation, the decision to leave can be made with the help of a lawyer, provided it does not have abusive consequences (e.g. abandoning the family, total absence of contact with or authority over the children).
Medical or psychological reasons
A departure may be justified by the need for care (hospitalisation, rest in a third location), especially in the case of complaints that cohabitation is a source of long-term mental suffering or is aggravating a disorder.
Cases of violence or danger
This is the most legitimate and urgent ground.
The departure aims to protect the physical or mental integrity and well-being of the spouse and the family.
Evidence of tensions (police report, medical certificate, witness statements) can be useful.
A protection order can then be requested from the judge.
Steps to take before leaving the marital home
Informing your spouse and considering an amicable agreement
If the departure is voluntary but not conflictual, write a registered letter with acknowledgement of receipt to communicate:
The date of departure and return
The place where you can be reached,
Possibly, a request for mediation or temporary separation.
This letter can be drafted with the help of a lawyer.
Consulting a specialist lawyer about your rights
Before making any decision, seek advice from a family law lawyer.
They will help you to:
Assess the legal risks,
Check whether your situation justifies leaving the family address (violence, serious discord, ongoing proceedings),
Organise your departure within a legally protected framework.
Finding accommodation after leaving the marital home
After a departure, you need accommodation that is available immediately, without lengthy procedures or excessive paperwork.
You need to:
Act quickly, especially in the case of an unanticipated separation.
Find a place that is furnished and habitable without delay.
Avoid complex guarantor requirements or unstable situations (precarious housing, hotels, etc.).
Why is coliving an ideal solution after a departure?
Coliving is an ideal option because it allows you:
To book online, quickly, without multiple viewings.
To move in within a few days, with no need for furniture or utility subscriptions (electricity, internet, etc.).
To have an individual lease : each person is responsible only for their own room, not for their flatmates.
Beyond its administrative and time-saving advantages, it allows you to keep your privacy in your home and to be able to be alone to settle in, but also to enjoy the communal areas to socialise, chat or enjoy more space.
Flatsharing to meet new people
Flatsharing or coliving provide a reassuring and well-managed environment
Presence of included services : cleaning, maintenance, insurance.
A supportive community : you don't feel alone, even during a difficult period.
Tenants are often vetted, which limits unpleasant surprises.
Discover our various flatshare homes in Paris
Regaining confidence and building connections
After a break-up or a difficult departure, living in a coliving space helps you rebuild social connections without pressure.
Some spaces even offer group activities, pleasant communal areas, or even psychological support.
Moving within France for a fresh start
Flatsharing and coliving offer flexibility and savings
No need to pay 3 months' deposit, high agency fees or buy furniture.
Everything is included in a single rent : ideal for a period of financial rebuilding.
Flexible lengths of stay : a few months or longer depending on your needs.
The option to easily change city or home if your situation changes (new job, shared custody, etc.).
See also how to leave France and live in Basel.
Amicable agreements and family mediation to ease the departure
Leaving the shared home does not necessarily mean entering into conflict.
In many cases, amicable solutions can be found to organise the separation with respect for everyone.
Family mediation helps support this process and avoid legal escalation, especially when children or shared assets are involved.
The importance of mediation in marital conflicts
Family mediation is a neutral process, overseen by an accredited professional, which helps couples in crisis to communicate constructively. It aims to:
Restore communication,
Prepare for a peaceful separation,
Make joint decisions (custody of children, division of assets, occupation of the home),
Protect everyone's interests, particularly those of the children.
This approach avoids long and costly court proceedings, and can be initiated voluntarily or at the judge's suggestion.
It is particularly useful when one spouse wishes to leave the marital home but the other opposes it or expresses anger, incomprehension or distress.
Reaching an agreement on leaving the marital home
An amicable agreement on leaving the home can cover several elements:
Who leaves and when : setting a reasonable date so that everyone can get organised.
Practical arrangements : division of furniture, organisation of daily life (children, expenses, post).
Temporary access to the home : to collect personal belongings or see the children.
Financial arrangements : who continues to pay what (rent, mortgage, bills).
It is recommended to formalise these agreements in writing, even simply, to avoid misunderstandings. This document can be:
Signed between the spouses with the help of a mediator,
Attached to a separation agreement,
Or later incorporated into an amicable divorce procedure.
Key takeaways
Leaving the shared home is an act with serious legal consequences, which must be justified by a legitimate ground (violence, judicial authorisation, agreement between spouses).
A hasty or unjustified departure may be considered a fault in the event of divorce. It is crucial to protect yourself legally : consult a lawyer, gather evidence, inform the other spouse and, if possible, go through family mediation.
Coliving can offer a flexible and reassuring housing solution during this transition.