Article 69 of Family code of the Philippines

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)



Instances Where Wife Is Justified to Leave Husband and Thereby Select Her Own Domicile or Residence:

  1. If the husband lives as a vagabond having no fixed home.
  2. If the husband maltreats her.
  3. If the husband insists on his immoderate or barbaric demands from the wife for sexual intercourse.
  4. If the wife is asked by the husband to leave the conjugal place threatening to use violence upon her if she should return home.
  5. If the husband commits concubinage and continuously indulges in such illicit relationship.

 Domicile is the place where the parties intend to have their permanent residence with the intention of always returning even if they have left it for some time.

Under Article 50 of the civil code in exercising civil rights and the fulfillment of civil obligations, the domicile of a natural person is the place of their habitual residence.Spouses then can only have one domicile but many residences. It is where they intend to have their permanent residence with the intention of always returning even if they have left it for some time. 

A minor follows his parent's domicile. And the spouses must fix the family domicile by agreement.

A spouse may validly live away or separately from the other only if the latter should live abroad or for other valid and compelling reasons for such exemption. Example for “other valid and compelling reason”. In finding the existence of any said grounds, the court may validly issue an order exempting one spouse to live with the other. But such exemption shall not apply if the same is not compatible with the solidarity of the family.


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