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You do not have to leave the house during divorce

On Behalf of | Jan 31, 2023 | Divorce |

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People sometimes tell stories about their divorce in which they claim that their spouse kicked them out of the house. For instance, they will say that their spouse filed for divorce, handed them the paperwork and told them that they had until the end of the day to move their stuff out of the home or apartment.

These individual stories may be true, of course, but that doesn’t mean that this is common or legal. The reality is that your spouse can never force you out of your home if your name is on the deed and/or the mortgage papers. Both you and your spouse have a right to live in the home since you purchased it together. Your marriage may be ending, but you are still co-owners of the house, and those ownership rights must be respected.

Are there any exceptions?

They can be some exceptions to the rule, but they require a court order. For instance, your spouse may accuse you of violence or of being abusive. If they can get a court order saying that you have to move out of the house for their safety or for your children’s safety, then you do have to follow that order.

But this is much different than simply telling you that they want you to leave merely because they have decided to file for divorce. That alone is not a reason to evict you or force you to leave your residence, and there’s no way for them to lawfully do so.

If you’re asking these types of questions, odds are that your divorce may be fairly complicated. It’s important for you to understand exactly what legal rights you have and all of the steps that you can take to protect those rights during the divorce.



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