- Statute
- Family Code
- Article
- Art. 69
- Topic
- Fixing the family domicile
- Status
- In force
- Year
- 1987
The provision
ARTICLE 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)
Intellegal Wiki · In plain terms
Spouses jointly decide where the family will live, and if they cannot agree, the court settles the matter. A court may excuse one spouse from cohabiting with the other when that spouse must live abroad or for other valid and compelling reasons, but not where the exemption would undermine the family's solidarity.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
Article 69 provides that the spouses jointly fix the family domicile, and that the court decides in case of disagreement.
The court may exempt one spouse from living with the other when that spouse must live abroad or there are other valid and compelling reasons — but not where the exemption is incompatible with the solidarity of the family. The provision implements the duty to live together in Article 68 and reflects the Family Code's principle of joint spousal decision-making.
The provision implements the duty to live together stated in Article 68 while reflecting the Family Code's shift to joint spousal decision-making. Where the spouses cannot agree on the family domicile, the matter is brought to the court rather than resolved unilaterally. The recognized grounds for exempting a spouse from living with the other — living abroad or other valid and compelling reasons — are tempered by the proviso that no exemption applies where it would be incompatible with the solidarity of the family.