It is common for people to separate when they decide to file for divorce. Understandably, they don’t necessarily want to live together now that their relationship is ending.
But you may find yourself wondering about the logistics. Housing is expensive, and you already own a house. Do you have to move out just because your spouse decided to file for divorce? Do they have to move out? You certainly can choose to live apart if you want, but what are the legal requirements?
Homeowners do not have to move
As a general rule, someone who owns a house can’t be forced out of it by another person. If you and your spouse both own your house together, then neither one of you can force the other to move out.
One potential exception to this is if there is a restraining order and/or evidence of domestic violence. The authorities may be able to make someone move out if they have a restraining order against them. But this is relatively rare and doesn’t apply to most divorce cases.
Another thing to consider is whether or not one person owns the house. You may both think of it as your own home, but what if your spouse bought it before the marriage? If they are the only one who has their name on the title, then they may be legally allowed to tell you to leave.
Navigating a divorce
This is just one of the potential complications of a divorce, and deciding how to split up marital assets can also be difficult. As you work your way through this process, take the time to carefully look into all of your legal options.