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Can your spouse kick you out of the house?

On Behalf of | Jul 8, 2022 | Divorce

You didn’t know that the problems in your marriage were that serious. But then your spouse came home from work one day and told you that they wanted to get a divorce. They felt that there was no way to fix the marriage and wanted to end it.

That was a big enough change to take, but then they went a step further. They told you that they wanted you to move out of the house. Since they’re ending the relationship anyway, they wanted some separation from you as the divorce case proceeded. They tell you to go find another place to live. Can they do this?

Do you both own the home?

What it comes down to is whose name is on the title for that home. Most married couples purchase their homes jointly. They both take out the mortgage, and they both have their names on all the paperwork.

If this is true in your case, then your spouse cannot kick you out of the house. Similarly, you have no right to kick them out. Both of you have a legal right to be on that property, and the other person cannot infringe on that right. It doesn’t matter if you’re married or not. You both signed the documents, and you both have ownership of the home.

There are some exceptions, such as if the authorities believe that domestic violence took place. They may then use a restraining order to say that one person has to leave. But your spouse themselves does not have any jurisdiction to do this.

It does probably mean that you’re in for a contentious divorce, however, so you need to know what legal steps to take.


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