Marital domicile


The word Domicile has a very extensive etymology, it comes from the Latin “Domus Collere” which means house that is inhabited and Spouse, which derives from the Latin of a compound word, “Coniux or Coniugis” used to designate any of the two people belonging to a marriage, together with “Iugum” which is where “Yugo” comes from, so spouse was initially translated as “joined by a yoke”. The Domicile can be said to be the place of residence of an individual, it is a specific place with its own unique address, in that place people can be located.

It is common for this address to be a requirement demanded by many procedures in any country. Then, when there is a marriage document, the signatories as husband and wife establish a place of residence and domicile together, which translates as the place where they carry out all the activities of that stable de facto or legal union. Both parties must agree to fix the space to live together, and in the same way if they decide to move from that address, it must be approved by both.

The conjugal home is that physical space where the spouses and children (when there are) reside, for this reason it is also called a family home or home. However, it must be taken into account that in order to say that there is a marital home, the spouses must have full authority over the home, that is, it cannot be a space shared with another family (either the father of the spouses, their family or a third party), however this does not mean that it must belong to them, it can be a rented house.

Formerly it could be imposed by the husband (man) because he was considered the father of the family and he was the one who had the authority to decide the different areas corresponding to marriage and the wife obeyed him, now with the reinvention of women’s rights, it is between the two defined the character of a marital home. If a divorce occurs in the marriage, the marital home will cease to exist and it will be a lawyer or a judge who will indicate what will happen to the home, since all divorce cases are not the same.