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Can your spouse make you leave your home during a divorce?

On Behalf of | May 31, 2025 | Divorce And Family Law |

Your marriage is definitely going to end, as your spouse has recently filed for divorce. You know this means that there will be big changes in the future. You’ll have to find somewhere new to live, for example.

But how fast do you have to do that? For instance, maybe your spouse served you the divorce papers and told you that you had until the weekend to move out. Can they actually force you to do so?

Who owns the house?

Generally speaking, the only way your spouse can actually force you out of the home is if they own it and you do not. Then it is their personal property, and they can decide who is allowed to enter. For instance, maybe they bought the home on their own and lived there prior to your marriage, and you only moved in after the wedding. If that’s the case, then your spouse could tell you that you need to move out now that you’re getting divorced.

But this certainly may not be the case. For example, maybe the two of you got married and then bought the house together. You both lived in apartments previously, but you moved into the home together as a couple. You’re both on the title, so you both own the home—and neither one of you can force the other to leave.

Your spouse’s position may be understandable in that it’s difficult for couples to live together while actively getting a divorce. But it’s also important to understand all of your legal rights, especially when dividing marital property, which could include the family home.

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