You decide that you want to get divorced, and you tell your spouse. In response, they tell you that you need to move out.
But do you actually have to? It’s understandable that this can be a stressful time for you as a couple, as the marriage ends. And many couples do choose to live apart at this time. But can your spouse – who will soon be your ex – actually kick you out of the home that you bought?
You also have a right to that home if you’re the owner
The short answer is, “No.” If you and your spouse really bought the house together, then you have just as much of a right to that home as they do. They can’t force you to leave because you purchased this home as your residence and your name is still listed in all the important documents.
In rare cases, there are some exceptions to this rule. For instance, if your spouse has accused you of domestic violence, they may be able to get a protection order against you.
But, if there are not any other extenuating circumstances and they simply want you to leave because you asked for the divorce, then they don’t have any legal ground to stand on. You can choose if you would like to stay or if you would like to go.
Navigating a contentious divorce
If you’re having arguments like this, however, you know that the whole divorce process is likely to be contentious. This makes it especially important for you to know about all of your legal options.