Can a spouse refuse to leave the marital home?

With the advent of the Internet and other information resources, spouses have become savvy as to the laws that protect them and their rights to remain in the marital home. As a result, often times a spouse will dig his/her heels in and refuse to leave.

Why do some spouses refuse to move out?

I’ve seen lots of very stubborn spouses. Some spouses, even when confronted with the notion that their marriage is over and that their spouse wants to leave will still refuse to do so. Perhaps they have not come to grips with the fact that the marriage is over. Perhaps they can’t afford to move out.

Can a judge force a spouse to leave the home?

Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence. In order to get such a court order in a divorce, a temporary orders hearing must be held. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home.

What happens if your spouse leaves your home?

You can’t guarantee what your spouse will do once you leave, and that includes decisions made about assets you left behind in your home.

When to use spousal refusal in New York?

Spousal refusal might be a good option for a married couple in which one spouse requires nursing home care and the couple have a significant amount of assets (and in New York, when the non-applicant spouse has a very high monthly income).

How does spousal refusal work for Medicaid?

If spousal refusal is used as a Medicaid planning technique, the non-applicant spouse will not have to use any portion of his / her income towards his / her spouse’s cost of care. Step 1 – Assets in excess of Medicaid’s applicant asset limit are transferred to the non-applicant spouse, allowing the applicant spouse to meet the asset limit.