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Can your spouse ask you to move out during your divorce?

On Behalf of | Sep 15, 2022 | Divorce |

Living arrangements soon become complicated when you take the decision to divorce. The house you share can become a huge point of contention during property division. Yet it can also cause problems in the wait to sign the final papers.

Let’s say your spouse claims you were unfaithful. They throw your belongings in the driveway and tell you they are filing for divorce. They don’t care where you go, as long as you take your things and get out of their sight. Do you have to oblige?

It depends on whose name the house is in

If only your spouse’s name is on the title paperwork, then they have the right to tell you to go. If your name is also on it, or the house is in your name only, then you are under no obligation to leave, despite how much they scream and holler.

Why it might be better to leave anyway

Couples use various living arrangements during a divorce, and getting some space can help you accept that it is over and plan your next steps. Some couples find it best if one spouse stays with family or friends or rents a place elsewhere. Others manage to continue sharing the same house once the initial furor has died down.

If you have children, that will influence your decision. If you can keep the peace, it allows you both to be there for them. Yet if things are likely to erupt into heated arguments at any time, it may be better for one of you to move out to avoid them witnessing this.

Seek legal help to assess the implications of any decisions you make.