We’re In This With You

Can your spouse kick you out during a divorce? 

On Behalf of | Jan 4, 2023 | Divorce

You go to your spouse and you tell them that you’d like to get a divorce. They say that they will agree to go along with it, but they’re angry or frustrated. They tell you that you’re going to have to leave the house right away and that you should begin packing your bags.

Not only do you think this is an overreaction, but you don’t have anywhere else that you could quickly go. You’d like to stay in the house, but they tell you that you can’t because you’re ending the relationship. Are they able to kick you out of the house?

Do they have a court order?

And in some cases, people can get a court order to remove their spouse from the home. However, in order to do this, they will need to provide some proof that their spouse needs to leave on the grounds of their safety. For example, if someone is accused of domestic violence or abuse of children who are living in the home, that could certainly be grounds to have them removed from the home while the investigation is carried out.

However, simply asking for a divorce is absolutely not a reason to force you out of the house and it’s unlawful for them to do it if they haven’t gotten a court order first. You have as much of a right to be in your legal residence as they do. This is especially true if it is simply a family home that you both bought. If your name is on all of the paperwork, they can’t tell you that you’re not allowed in the home.

A divorce like this can become contentious and complex, so be sure you know what options you have.