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You cannot be forced out of a home that you own

On Behalf of | Jan 6, 2023 | Divorce

One issue that sometimes arises in a divorce case is that one spouse would like the other person to leave the home. But the divorce case itself is going to take months. This means that they are asking their spouse to leave while the two are technically still married. In some cases, they may even tell their spouse that they have to leave and make it sound like an imperative.

In a situation like this, it’s important to note that no one can make you leave a home that you own. If you and your spouse are co-owners, that means that all of the documentation – such as the home’s title or the mortgage – is in your name. It is also in your spouse’s name. Both of you have the right to stay there, but neither one of you has the right to kick the other person out. Your spouse cannot force you to leave if you do not want to do so, no matter how they feel about the divorce and the end of the marriage.

Why do people leave?

The biggest reason that people will live separately while getting divorced is simply that it can reduce the conflict between the two of them. Additionally, many couples are working together to sell the house, so they may both move out and find separate places to live. This allows them to get all of their possessions and other assets out of the house and put it on the market.

And doing all of this is fine, if it is what you and your spouse would like to do. It can help the process go smoothly. But it’s just important to remember your legal rights during a divorce and the fact that you cannot be forced to take an action that you do not want to take.