A man could separate from his wife without a lawful reason, but the separation was looked upon as a disgrace by her kinsmen, and revenge was sure to follow.
“If a man wants to separate from his wife, he shall declare himself separated so that each of them may hear the other’s voice, and have witnesses present” (Gulathing’s Law, 54).[[39]]
If a husband tried to take his wife out of the country against her will she could separate herself from him.
“If a man wants to take his wife against her will out of this land she shall declare herself separated if she likes, wherever they happen to be, if she can do it with reason; then he is liable to lose her and her property as if they had owned no property together, and he has no more right to that woman after they have separated than to any other woman with whom he has not lived” (Gragas, i. 331).
A wife could not separate without reason,[[40]] and even if she left her husband with good reason on her side, he could keep her dower, and could force her to come back.
In case of a separation, the wife’s parents or kinsmen could claim the mund and the heimanfylgja.
A bondi, Thorkel, having heard that his wife Asgerd loved another man, was, on his remonstrating, told by his wife to choose one of two alternatives.
“Thou mayst choose one of two conditions. To stay with me as if nothing had happened; otherwise I will at once name witnesses, and declare myself separated from thee, and let my father claim my mund and heimanfylgja” (Gisli Sursson’s Saga, p. 16).
If a separation took place where neither party could be said to have been guilty of criminality, then the wife took the same amount of property as she would have at the death of her husband, or as she would take in case she left him on account of any unfaithfulness on his part. If she left him without any valid cause, or he separated from her on account of her repeated infidelity, then the husband had the right to retain all her property as long as she lived, and her heir had no claim to anything of the tilgjöf. But if she was unfaithful only once, she forfeited her tilgjöf, and kept the rest of her property. If the man drove her away against her will for that single offence, she came into all her rights.
“If a wife commits adultery, or separates from her husband without reason, she has forfeited her mund and her increase of a third (thridjungsauki). If her husband offers to take her back and she will not accept it he shall keep all her property while she is alive and then her next heir shall get her heimanfylgja but no increase of a third. If they are reconciled and he takes her back, their property shall remain as if there had been no breach between them. If she repeats the crime he shall keep her property while he is alive, and if he will not take her back, then it shall be as has already been said. If she does not and promises redress, and offers to live with her husband and he will not take her, then she shall get her heimanfylgja but not the increase of a third. If the husband wants to rob her of her heimanfylgja and says she has committed this crime before, and people have not before heard him accuse her of it, she shall take the einseidi (oath of one) and get her heimanfylgja, but not her increase of a third if he will not take her back. If a hindrance separates them according to God’s laws each of them shall have their respective property” (Frostathing’s Law, xi. 14).