Just because you are getting separated or going through a divorce, doesn’t mean one spouse has the right to kick another out of the house. Just like any part of the end of a marriage – literally closing the door on someone comes with guidelines, laws, and should be done respectfully for all parties involved.

As a general rule just because you are fighting, having money issues, or have caught your spouse cheating, does not mean you are entitled to force them out of the house.

However, if you, or your spouse, have voluntarily left the home or residence that you reside in then, a court can order that the spouse who stayed in the house has “exclusive occupancy” and prohibit the other spouse from returning during while the divorce action is ongoing.

Another reason a court may order that a spouse vacate the marital residence would be due to evidence of unsafe or improper living conditions.  So, what constitutes unsafe conditions?  Domestic violence weighs heavily on a judge’s decision.  More recently, some courts have also looked at how the children in the home are affected by certain behaviors engaged in by the parties, and may grant exclusive occupancy to one spouse based on what is in the best interest of the children.

Before looking to evict your partner or spouse during what is already a very complicated and stressful situation, make sure you to speak with your attorney. We are here to answer all of your questions for every aspect of your divorce.