Can my Spouse make me move out during divorce?

Wednesday, April 10, 2019

 Can my Spouse make me move out during divorce?

When you know your marriage is over living in the same home with your soon-to-be ex can seem unbearable. This uncomfortable situation may escalate to the point that your former partner insists that you leave the home. This situation raises the question: Can my spouse make me move out during divorce?

It Depends on the Reason

You both have a right to remain in your shared residence. However, you both could ask the court to award you exclusive use of the home. In most cases, merely being frustrated with the living situation will not be an acceptable reason to ask the court to make a former partner move out. There can be an exception however when one person has been abusive towards the other one. If there is evidence of violence, a court may order that the violent individual stay away from their partner, the home, and the couple's children.

Children in the Home

If there are children in the home, the court can look at how the living situation is impacting their well-being. In cases where the conflict between the parents is causing the children to experience severe distress, a court may order that the parties refrain from certain conduct around them or that one parent leave the home altogether.

Practical Concerns

If you are in the position of being asked to move out and take on additional housing expenses your former partner may not be able to insist that you also pay towards the rent or mortgage on the home you are leaving. If neither can afford to pay for separate housing expenses and there are no concerns regarding your children or abusive conduct, it's probable that both of you will have to deal with the situation until the case is over. If you do have to live together, this undesirable living situation may serve as an incentive to resolve the case quickly.

At the Draper Law Firm, we have experience helping clients with all aspects of their case during divorce. Contact us today online or call (866) 767-4711. We serve the greater Central Florida area with offices located in Kissimmee, Orlando, and St. Cloud.

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