Have you or your partner discussed separation or divorce?  European residents in Spain should take into account the strict laws relating to the abandonment of the family home primarily where children or incapacitated persons are involved.  Partners should both abide by the penal code. If this is not the case and following thirty successive days, this absence will be considered as desertion. This is a crime and punishable by law. In the most serious cases this could mean being served with a prison sentence.  Do not just leave the house in the belief that you are legally separated. There are legal procedures that you should adhere too such as the adequate payment of maintenance.  Even if the separation is amicable with your partner?s acknowledgement be careful, if you do not meet your responsibilities he or she has the right to report you.  Again should you leave after taking all the legal steps necessary and miss two months consecutive or four months of intermittent payments, your partner can take you to court.  All these risks can be avoided by taking the correct legal route.