You Deserve Justice

Making a spouse leave the home when you’re divorcing

On Behalf of | Sep 25, 2022 | Divorce & Family Law |

Your divorce may present many complicated or unpleasant situations. For instance,  informing your family, especially the kids, of your split. Figuring out your finances now that you will be going it alone can be challenging. 

But there is one very tough issue that a lot of divorcing couples face. What happens if you want your spouse gone from the house permanently and they do not cooperate? What are some solutions for navigating that potentially messy problem?

Can you compel your spouse to leave the home?

A legal order is a must to “lawfully evict” a spouse from the home both of you shared during your marriage. 

A fault divorce action is one route for you to explore. Establishing that either abuse or infidelity led to the divorce can persuade the court to tell the individual responsible to remove themselves from the home.

If your name is the sole one on the deed or if you bought the home when you were still single, then your spouse has no legal stake in its ownership. Therefore, they can be asked to leave.

What you should think about

Being together at home can be quite disconcerting when you are divorcing. In some instances, it can also be dangerous. 

Safeguard yourself and the children if your spouse is violent, emotionally abusive or unstable. You can have a protective order or an injunction issued by the court to push them to pack up and go. In cases where domestic violence is involved, one source noted that “The court can order the abusive spouse to leave the house and stay away from you and the kids.”

If you have kids, the impact on them has to be pondered carefully as well. Your spouse’s departure will certainly affect them a lot. 

Look out for yourself and the kids

It’s imperative to keep yourself and your children safe before, during and after the divorce. Maybe you feel that can be done more effectively if your spouse is not with all of you at home. Have someone walk you through and explain all your choices for accomplishing that legally.