You didn’t think that you and your spouse were going to get divorced, even though you did know that things had not been great in your relationship. It’s clear that your spouse was even less happy than you were, though, because they finally do tell you that they want to get divorced. You decide not to try to talk them out of it and ask what legal steps you’ll need to take next.
To your surprise, your spouse tells you that they want you to move out of the house. They don’t think that the two of you should be living together while the divorce is happening, so they ask you to find somewhere else to live.
Not only are you surprised, but you’re not sure what options you have. You can’t find – much less afford – another place to live on such short notice. Can your spouse actually do this?
Not if you own the home
If you do not own the home jointly – such as if your spouse bought it before the two of you got married – then they can ask you to leave because it is their property.
But for many married couples, the home is a jointly-owned asset. They got married, took out a mortgage loan and bought the house together. Both of them are on the title and on the paperwork with the mortgage lender.
If you’re in this position, then you both own the house and your spouse cannot tell you that you have to leave. They could ask you to, but you’re not obligated to do so.
You may, however, be in for a rather contentious divorce. Be sure you know what legal options you have.