Can I Make My Spouse Move out of the House?

vacate marital residence divorce

If it negatively impacts the children, can I force my spouse to vacate the marital residence during a divorce?

vacate marital residence divorceThis is a frequent question all divorce lawyers are asked typically at the beginning of a divorce case. Obviously, their marital relationship has deteriorated or completely broken down for them to be considering a divorce. In legal jargon, their question pertains to obtaining an order for their spouse to vacate the marital residence  and not reenter the home without the remaining spouse’s permission. This is often referred to as an Order for Sole and Exclusive Use of the Marital Residence.

Many times one spouse or the other may agree voluntarily to move out of the home temporarily during the divorce for a multitude of reasons. One of the frequent reasons is simply to avoid continued conflict and stress. It is important to note that moving out does not cause the vacating spouse to lose or in any way diminish their property interest in the home. If there are children involved, always discuss this issue with your divorce lawyer first as that decision may impact the determination of the custody of the children. Without such an agreement or a court … Read More... “Can I Make My Spouse Move out of the House?”