If the non-assigned spouse does not immediately find a new home, he is not formally obliged to change residence, as long as the assigned spouse agrees to host him temporarily. In case of marital separation there are many questions and changes that may involve the subjects involved. In fact, in most cases it becomes necessary for one of the spouses to move to a new home but does this always imply a change of residence? Let’s find out what the law and regulations in force provide.
When someone separates, does he have to change residence?
One of the duties from marriage is cohabitation (art. 143 civil code). Law no. 76/2016 provides for the obligation of cohabitation also for homosexual civil unions and registered de facto couples. This obligation ceases with separation (or with the dissolution of the civil union or the cohabitation contract) when the President of the Court gives the spouses the possibility of living separately and assigns the family home to one of the two. So, the judge authorizes the spouses a live separately but it does not oblige them and consequently A change of residence is not required after separationnot even if consensual, as long as the spouse receiving the family home agrees to let the other stay for a short period of time.
Is it possible to change residence before separation?
Another important question that must be specified is whether it is possible to change residence before separation. The law establishes that it is not possible to decide independently to abandon the marital home and only the judge, when pronouncing the separation, can give authorization to live separately, allowing removal from the marital residence.
What happens if you leave the family residence before legal separation? Abandonment of the marital home
In the event that one of the two spouses leaves the family home before obtaining legal separation commits a breach of marital duties, therefore it is a civil wrong. In the case of abandonment of the marital home of one of the two spouses, the law predicts as a consequence the possibility of the separation charge.
When is a change of residence mandatory?
Notifying the change of habitual residence is mandatory by law and, in case of “irreconcilability” and in presence of minor children, is expectedobligation to communicate the possible Change of residence to the other spouse. With article 337 of the civil code, it is established that it is mandatory to communicate the change of residence within thirty days. Furthermore, “failure to communicate requires compensation for any damage suffered by the spouse or children due to the difficulty in locating the person”.
Legal separation, divorce and de facto separation: what are the differences?
There are fundamental differences between legal separation, divorce and de facto separation. In fact, the legal separationgoverned by the Civil Code, article 150 et seq., does not end the marriage and does not even cancel the legal status of spouse but, with separation, the obligation of loyalty and cohabitation ends. Furthermore, unlike divorce, separation is a transitional step and the possibility of reconciliation between the two spouses without formalities is granted. An even different situation is de facto separationwhich, unlike legal separation, it causes no effects on relations and on goods of the spouses.
What happens with legal separation: the legal provisions
It can happen that Not all the spouses are able to find useful agreements to establish a new balance, therefore, in case of disputes between the two, it is the intervention of a judge is expected with decision-making powers. This decision-making action concerns:
- confer the concession for the separate cohabitation,
- establish the conditions ofcustody of minor children And the attribution of the family home to one of the two spouses,
- possibly agree on the maintenance allowances.
The consequences of separation on family status and income
From the moment you are legally separated there are consequences that affect your family status and income. In fact, since legal separation involves the dissolution of the family unit and also provides for a change in family status(the document that summarizes the data relating to the registered family), this will go to influence:
- on ISEE calculations,
- on the income,
- on tax breaks.
To obtain updating the family status it is necessary that the request be presented at the municipal registry office where you want to move, who will arrange for the Municipal Police to be sent to carry out the relevant checks.
What happens if you continue to live in the same home if you are legally separated?
Although there is no imminent obligation to leave the marital home, to lodge in the same house beyond the necessary time, could be interpreted as reconciliatory behavior. This runs the risk of render the separation process futile, as the art. 157 cod. civil establishes that “the spouses can by mutual agreement end the effects of the separation sentence (…) with unequivocal behavior that is incompatible with the state of separation”.
How to request a change of residence after mutual separation
To request a change of residence after consensual separation, the non-assignee spouse needs to demonstrate that you live regularly in the new home, for example by presenting a rental contract in your name or another document useful for this purpose. Moreover, it is necessary be found at home when the police will come by to check if the individual actually lives at the address he declared in the municipality. In the event that this does not occur, the assigned spouse can communicate to the Municipality that the other no longer lives in the family home, including the separation provision and thus opening the unavailability procedure.
