PLEASE NOTE: the following is an automatic translation
Separation proceedings, much like divorce proceedings, are not limited solely to determining the future status of the spouses. In specific cases, the court may also rule on the manner of using the jointly occupied dwelling and—in exceptional circumstances—order the eviction of one of the spouses.
The legal basis for this is Article 61³ § 1 of the Family and Guardianship Code, which stipulates that Article 58 § 2 of the Code applies accordingly to rulings regarding the shared dwelling in separation cases. This means that, in a judgment granting separation, the court may—at the request of the other spouse—order the eviction of the spouse whose grossly reprehensible conduct makes cohabitation impossible.
This criterion is subject to strict interpretation. Case law from both the Supreme Court and common courts indicates that eviction in family proceedings is an exceptional measure and may be ordered only in particularly drastic situations. Such conduct is primarily understood to include physical or psychological violence, persistent alcohol abuse accompanied by aggression, threats, abuse of family members, or other behaviors posing a real threat to the safety of household members. Marital conflict, the loss of emotional bonds, or difficulties in cohabitation do not constitute sufficient grounds for ordering eviction. It must be emphasized that an eviction order is not issued *ex officio*. It requires an express request from the spouse and a demonstration of circumstances justifying the use of this specific measure. The burden of proving the other spouse's grossly reprehensible conduct rests on the party making the request.
The nature of the right to the premises is also of significant importance. Established case law holds that the regulation contained in Article 58 § 2 of the Family and Guardianship Code—applied *mutatis mutandis* in separation proceedings—primarily concerns the jointly occupied dwelling and cannot result in depriving a spouse of the right to premises that constitute their sole property or to which they hold an exclusive legal title. In practice, this means that a person subjected to violence or other particularly reprehensible behavior by their spouse is not left without protection as early as the separation proceedings stage. A properly drafted petition or response to a petition may include a request for eviction, enabling the court to comprehensively regulate the parties' housing situation. In cases where the criteria set out in Article 58 § 2 of the Family and Guardianship Code are not met or the application of this provision is precluded, it remains possible to seek eviction based on separate provisions of civil law or the Act on the Protection of Tenants' Rights—depending on the nature of the legal title to the premises and the specific circumstances of the case.
To preliminarily assess the merits of making such a request during separation proceedings, it is advisable to consult a law firm handling civil, family, and criminal cases; depending on the factual grounds for ordering a spouse's eviction, the knowledge and litigation experience gained across various types of proceedings may be essential to formulate and substantiate a request with a reasonable chance of success in court.