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My Spouse and I are Filing for Divorce. Can I Kick Him/Her Out?

November 27th, 2017 by Marta J. Papa

Many people find it difficult to cohabitate during separation. Emotions are typically running high and it is common for one or both spouses to be feeling angry and hostile toward the other. Different factors come into play in determining whether one party should move out of the home. Both parties have equal right to occupancy. Neither party has the legal right to kick the other out, change the locks or alarm codes to the house. Sometimes both parties want to stay in the home and can’t agree on who will move out.

The only way to force your spouse to vacate the home is if you’ve been a victim of domestic violence at the hands of your spouse. You can have them removed from the home by obtaining a domestic violence restraining order containing a request that he/she be excluded from the residence. It is in your best interest to hire an attorney to assist you in this, and of course, in an emergency situation, dial 911.

As you go through the divorce process, you’ll discuss with your attorney or mediator options of how to move forward and what future living situations may look like. At that point you will be able to determine who, if anyone, will remain in the marital residence, or if the marital residence will be sold and both parties will rent or purchase a new home.