Your spouse files for divorce and comes to you with the paperwork. You are not surprised because the two of you had already had discussions about it, but now it all feels very real. You tell them that you are willing to get divorced, but you need some time to review the paperwork and then you will sign it and get it back to them.
But to your surprise, your spouse tells you that the next thing you need to do is get out of the house. They want more space during the divorce. They think there would be too much conflict if the two of you continue to live together. They tell you to pack your things and find somewhere else to live until the marriage ends.
But that is also your house. Is it possible for your spouse to kick you out?
Only in certain situations
As a general rule, courts are not going to issue orders telling one spouse they have to leave the house unless there is a very specific reason why this would be beneficial. For instance, if there are allegations of abuse or domestic violence, the court can issue an order forcing someone to leave their home in order to keep the other party safe.
But if you are just getting divorced and you both are legal owners of your home, which is a shared marital asset, then you both have a right to live there. Your spouse cannot simply kick you out without first getting a court order, so they would need to demonstrate a valid reason—not just that they want you to leave.
This situation can lead to a very complicated and high-conflict divorce. Make sure that you carefully look into all of your legal rights.
