Your spouse decides that they want to get a divorce. The two of you have been talking about it for a while, and you were hoping that you would stay together. But they finally come to you with the divorce petition and tell you that they are officially filing to end the marriage.
This doesn’t surprise you, but what does come as a shock is that your spouse tells you that you’re going to need to leave the house. They don’t want you to keep living in the same home while the two of you are going through the divorce process. Can they actually kick you out of the house just because they filed for divorce?
Is your name on the title?
The biggest question to ask here is just who owns the house. If your spouse is the sole owner, then they may be able to make these types of decisions, in some cases.
But if you are joint owners and both of your names are on the title, then you both have a legal right to stay in that house. You cannot kick your spouse out and they cannot kick you out, or it would be a violation of the other person’s rights.
That doesn’t necessarily mean that it will be easy to stay. If you refuse to leave, it could make the divorce a lot more complex and turn it into a high-conflict situation. But, at the same time, you do need to remember that you have a right to that home, and no one can force you out – not even your own spouse, and not even during a divorce.
The legal process
As noted, however, you may be in for a high-conflict divorce where you have to decide what to do with major assets, such as the family home. At a time like this, be sure you are well aware of all of the legal options at your disposal.