Can I Make My Spouse Move Out During a Divorce?

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If you and your spouse are currently sharing a home and one of you has filed for divorce or is considering filing for divorce in California, you may wonder what will happen next.  For many, the issue of staying in the family home during the divorce and potentially after the divorce  is important. However, you may not want to continue living in the home with your spouse as you work through the divorce process. Can you make your spouse move out of the house or not?

Can I Make My Spouse Move Out?

In the majority of divorce situations, you cannot make your spouse move out of the family home. If you both purchased or own the home together and/or it is considered marital property, you do not have any legal right to compel your spouse to leave the home. Likewise, your spouse  is not permitted to try to make you move out of your home.

There is, however, an exception to this rule under certain limited circumstances. If you have been abused by your spouse and if the abuse has been proven or documented, you may be able to make your spouse move out of the home. If you have a restraining order in place, for example, this would be a situation where there is a possibility of making your spouse move out of the family home.

To determine whether or not you have grounds to make your spouse move out, it is advisable to consult with an experienced divorce and family law attorney in California. Your lawyer will explain both your rights and obligations so not to  jeopardize the outcome of your final divorce settlement.

What Should I Do If My Spouse Won’t Move Out?

If your spouse will not move out of the family home and you do not have grounds to compel your spouse to move out of the family home, there is very little that you can do. Essentially, you have two options: you can continue to live in the house with your spouse or you can move out temporarily until the division of property is finalized in the divorce.

Moving out on a temporary basis typically should not have any impact on your future right to your home or your right to move back in the future.  However, before moving out of your family home, you should speak with a divorce and family law attorney to have your situation evaluated. Your lawyer will advise you on the best way to proceed regarding whether to move out or to stay. Of importance when making a choice where to live is to keep yourself and your kids safe while still protecting your claim on a shared family residence.

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