Couple fixes home court decides in case of disagreement

Couple fixes home court decides in case of disagreement "My husband and I have been married for 5 years and we have been staying, together with our son, in his sister’s house. We do not pay for our stay in the house but we contribute to the expenses there in such a manner that almost all of our salaries are spent to accommodate the household needs since her sister has a family and her husband has no stable job. I suggested to my husband to move out of the house so we can live independently. I could not say to him that we have not saved much for our own family because of this and I’m afraid that my husband might misinterpret it. Do I have a legal right to demand from my husband to change residence? ChingDear Ching, The husband and the 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 compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family (Article 69, Family Code).The action to fix family domicile is filed at the Regional Trial Court , sitting as Family Court, of the place where either spouses resides and shall be subject to a summary proceeding under Title XI of the Family Code. Accordingly, the court shall set an initial conference and shall notify the other spouse of the petition ordering said spouse to show cause, on or before the scheduled conference, why the petition should not be granted. A preliminary conference shall be conducted by the judge personally without the parties being assisted by a counsel. Thereafter, if the court deems it useful, the parties may be assisted by counsel at the succeeding conferences and hearings. If the petition is not resolved at the initial conference, said petition shall be decided in a summary hearing on the basis of affidavits, documentary evidence or oral testimonies at the sound discretion of the court. If testimony is needed, the court shall specify the witnesses to be heard and the subject-matter of their testimonies, directing the parties to present said witnesses. Thus, you may only suggest to your husband to move out from his sister’s house or to change your residence but you cannot compel him to do such act. If he disagrees, your only recourse is to go to court for relief. Nevertheless, given the situation, it is impractical to drag your husband to court proceeding in order to fix your family domicile just because you cannot agree with it. It is still best to speak with your husband about the real reason for your desire to move out of his sister’s house. We believe that, after hearing your side, your husband would consider your suggestion because he is obliged not only to observe love, respect and fidelity, but also to render help and support to you (Article 68, Family Code).Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are stated. Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/