Your spouse has filed for divorce, and you know that it’s going to change your living situation. Maybe the two of you bought the house together after you got married. You assume that you’re now going to have to sell that house, split up the money that you earn and find a new place to live.
But what surprises you is that your spouse tells you they want you to leave the house immediately. You figured you wouldn’t have to move out until after the divorce, giving you months to sort out all the details. But your spouse says they don’t want to live with you while actively going through a divorce. Can they kick you out of the house in this situation?
Are you both legal owners?
Putting the marriage aside for a second, simply consider your ownership of the home. If you both are legal co-owners, meaning you’re both on the title, your spouse cannot kick you out. You have a right to live in the house and you haven’t done anything to jeopardize that. The fact that your spouse wants to divorce doesn’t change your ownership rights regarding real estate purchases.
There are some rare exceptions. The most common is probably domestic violence. If your spouse has accused you of domestic violence and gotten a restraining order, then they may legally be able to ask you to leave because staying in the home would be a violation of the court order. This is certainly a very complex situation, although it is relatively rare when looking at the overall percentage of divorce cases that involve domestic violence.
If you do find yourself in a dispute or concerned about your property ownership rights, be sure you know what legal options you have.