Your life turns upside down when your spouse tells you that they are filing for divorce. But it is not just the end of the marriage. They also tell you that they are not comfortable living together during the divorce process, so you have to move out and find somewhere else to live. They give you until the end of the week to leave.
Naturally, you may not want to live together while you are getting divorced. It can increase stress levels and be very difficult emotionally. But is it possible for your spouse to kick you out? Can they force you to live somewhere else?
Who owns the home?
It is really just a question of property ownership. Say that your spouse bought the house on their own before you even got married. They may be the sole owner and have a right to determine who can and cannot live there.
On the other hand, most couples buy homes together. Odds are that both you and your spouse are on the title and that you applied for the mortgage together. If so, then your spouse cannot kick you out of the house. You have just as much of a legal right to be there as they do. You could choose to leave if you want to do so for your own reasons, but they can’t force you to move out if you want to stay.
Issues like this can increase the conflict during the divorce, making it more contentious. Couples who are going through the process need to know exactly what legal options they have.
