In one afternoon, your life changes dramatically. Your spouse tells you they want a divorce. They explain that they have been thinking about it for a while and have finally decided it is time to end the relationship.
While you may not be entirely surprised—recognizing the relationship has been going through a rough patch—you are caught off guard when your spouse says that you need to leave the house. They argue that living together during the divorce process will be too difficult and that you must find somewhere else to stay. But can they actually do that? Are they legally allowed to kick you out of the house?
Do you own the home?
It’s common for couples to live separately while going through a divorce. However, whether your spouse can make you leave the house depends on who owns it. If they are the sole homeowner, they may have the legal right to ask you to leave. However, if you also own the house, you both have an equal legal right to live there, regardless of what the other person wants.
For many couples, this shared ownership is the scenario they face. They purchased the house together after getting married, and both names are on the mortgage, title and other legal documents. In such a case, while you may voluntarily choose to leave the home to make the divorce process smoother, your spouse cannot force you to move out.
Navigating the complexities of divorce
This situation highlights some of the complexities of getting divorced and why it’s crucial to understand your legal rights and options during this challenging time.