Living together while going through the process of getting a divorce can certainly be stressful. Even for couples who are on relatively good terms, it can be an unwanted situation. For couples in high-conflict marriages, it may feel almost impossible to live together.
But what happens if your spouse tells you that you’re the one who needs to leave your house? You may agree that the two of you need to live separately, but can your spouse simply decide that it’s you who has to go? Do they have the right to force you to leave?
Only if they’re the sole owner
There are limited situations in which they may be able to do this. Essentially, if they are the sole owner of the house—such as if they bought it before the two of you got married—then they may be able to request that you leave, since they are the property owner.
But in many cases, couples are joint homeowners. It’s very common for them to get married and then buy a house together, meaning that it’s a marital asset and both individuals have an ownership claim.
This is important because your spouse cannot kick you out of a home that you co-own. Even if they are a co-owner, they can’t force you to leave. If the two of you do want to separate, then you’ll have to work together and find a solution that works for both of you.
Your legal rights
Ownership rights are also very important as the divorce moves forward and you begin dividing up property. Take the time to carefully look into all of your legal options.