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During a divorce, do you have to leave your house?

On Behalf of | Jan 16, 2023 | DIVORCE - Divorce |

It’s very common for couples who are getting a divorce to split up prior to the marriage officially ending. They will both live in different locations and start creating their separate lives even though they’re still technically married. This is because the divorce can take months, but the emotional side of the marriage is over as soon as one person declares their intentions to get a divorce.

That being said, you may decide that you do not want to leave your home, even though your spouse – who will soon be your ex – is asking you to do so. Do you have to leave just because they requested it? Is there any way that they can force you to leave the home?

They would need a court order to make you leave

Your spouse likely cannot force you to leave the house without a court order, and that is only going to be granted when a judge decides that it is necessary. For example, if the judge believes that there is a danger to the children in the home or evidence of abuse, then they may issue an order saying that one individual has to leave the home.

Barring something drastic like this, if you and your spouse are both co-owners of your house, then your spouse cannot make you leave. They can ask you to, but you’re not obligated to do as they ask. The home is as much yours as it is theirs, and you both have a right to be in it.

That being said, staying in the family home during a divorce can be a bit contentious and may make your divorce more complicated. Make sure that you are well aware of all the legal steps you need to take at this time to protect your future.