Living with your spouse while the two of you go through a divorce can be difficult. It can be very stressful, especially if either one of you blames the other person for the end of the marriage. As a result, many couples will split up as soon as they decide to get a divorce, living separately during the divorce process.
But what happens if you want to continue living in your home, but your spouse tells you that you have to leave? If they file for divorce, can they then kick you out of the house so that the two of you have to live separately? After all, it may be very difficult for you to find affordable housing on such short notice.
Not in most cases
As a general rule, no, your spouse cannot kick you out of the house. If you are renting, you and your spouse are both on the lease. If you are a homeowner, you may both be on the mortgage or the title to the house. Either way, you both have a claim to that property and neither person can force the other to leave, even when the marriage is ending.
That said, there are a few exceptions to this rule where a court order may be used to compel one person to leave the home. For instance, there may be allegations of abuse or domestic violence. But it takes something very significant for the court to issue an order telling you to leave your home, and they are not going to do it just because your spouse would prefer to live separately during a divorce.
Splitting up assets
Deciding what to do with your home during the divorce is also going to be one of the key steps to consider. Be sure you understand all of your property rights and legal options.