Your spouse tells you that they would like to end your marriage and serves you with the divorce papers. Then they tell you that they do not think the two of you are going to be able to live together during the divorce, so you need to leave the home and find somewhere else to live.
You certainly understand their concern. Living together while going through a divorce can be very hard. But you still find yourself wondering if they have the legal right to make you leave the home.
Do you share ownership?
The question likely comes down to how ownership of your home has been established. Is it a marital asset that you both own or a separate asset that only one of you owns?
For example, perhaps your spouse is the one who bought the house years before the two of you even got married. You simply moved in to live with them after the wedding. In a case like that, they may be able to ask you to leave the home because it’s their property.
On the other hand, maybe the two of you got married and then bought a house together. If you both own the house – you’re on the mortgage papers together, and you’re on the home title, for example – then neither one of you has the ability to kick the other person out. You may cooperate and find a separate living situation just to ease the strain during the divorce, but they can’t force you to leave.
Questions like this can often make a divorce case very complex. Be sure you understand all of your legal options as you go through the process.