Getting divorced means dividing your lives. Many couples own a home together, for example, which is a marital asset. As their assets go through property division, they have to decide if they are going to sell the home, if one person is going to keep it or how else they want to address it since both of them have an ownership claim.
However, divorce often takes months. If your spouse files for divorce, they may tell you that they want you to move out immediately. They do not want to live together while the marriage ends. But can they actually make you leave the home?
In most cases, it requires a court order
Generally, you have a right to live in your home if you are an owner and your name is on the title to that property. Your spouse cannot force you to leave any more than you can force them to leave. One of you could voluntarily move to a different residence if it is too stressful to live together, but they cannot kick you out of a home that you own.
One common exception to this rule is if they can get a court order requiring you to leave. For instance, perhaps they have accused you of domestic violence and obtained an order of protection from the court. In such a case, you may have to be removed from the home, but courts are not likely to issue this type of order unless they think there is a serious safety issue. They are not going to force you out of your own home just because your spouse would like to live separately.
These issues often come up during contentious divorce cases, which can get very complicated. Take the time to look into your options carefully by getting experience legal guidance..