Can a court order a spouse to leave the marital home?

Alternatively, the court may order that one spouse buy out the other one’s interest in the home. If so, courts will likely order the selling spouse to leave the marital home within a reasonable time after the buyout. Can I Ask a Court to Remove my Spouse From the Marital Home During our Divorce?

When to remove a spouse from the home?

As stated above, in most cases, a spouse can only be removed when there’s a history of domestic violence. The abused spouse must obtain a restraining order that prohibits the abuser from any further contact.

Can a judge order a spouse to move out during a divorce?

However, under certain circumstances, a judge may issue an order requiring your spouse to vacate the property while your divorce is pending. 1. Try to come to an agreement with your spouse. Before pursuing action through your attorney and involving the court in your living situation, try talking to your spouse.

When do you remove property from a divorce?

how of removing personal property from the residence. For some spouses, most property will have already been removed prior to the divorce. However, in situations where the spouses are not on speaking terms or where one spouse moved some distance from the marital home items can remain in the house up until the final days of a divorce.

What happens to the marital home in a divorce?

In fact, when there are disputes over the marital home in a divorce, many courts will order that the home be sold and any profits divided between the spouses; the precise division may also be decided by the court. Alternatively, the court may order that one spouse buy out the other one’s interest in the home.

Can you force your husband to leave a jointly owned home?

If the home is jointly owned, then you can’t force him to leave since he is an owner as well. If you want him to leave and he won’t, you need to go to court to get sole temporary residence of the home while the divorce is pending. Once you file for divorce your attorney can make a motion for exclusive occupancy of the home, forcing him to leave.

What happens to the rights of an estranged spouse?

Finally, non-legal separation is a status in which the spouses remain legally together, but they live entirely separate lives. This often happens in states that do not offer legal separation. When partners get divorced, almost all the rights regarding each other are terminated with a few exceptions.

Can a spouse file for a restraining order?

The spouse who is the victim of abuse should begin by filing for a temporary restraining order with the court.