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Originally Posted On: https://divorcemistakesnetwork.com/divorce-finances/can-your-spouse-kick-you-out-of-the-house/
The initial days of separation or divorce is a stressful time.
Both partners are frustrated with each other, leading them to make irrational decisions. Both partners tend to be anxious and worried about their future.
In my case, no one was “kicked out” of the house. As you read further you’ll notice that we’re talking about, in this article, a more decisive move by one spouse to ‘remove’ the other spouse legally from their home. We’ll explain in another article about when you leave your house voluntarily to keep the peace, honor the other person, and the pros and cons of doing so. You’ll see that sometimes being ‘helpful’ isn’t really helping you at all, so pay attention to every action you take. Because every action has a reaction that is either going to help you or hurt you during this divorce.
Since one, or both parties, might be angry, one spouse may attempt to kick out the other from their marital residence. It is presumed that only husbands kick their wives out of the marital house before divorce or separation. However, there are several cases of wives kicking out their husbands from their family dwelling.
It is stressful to be kicked out of a house, especially if you contributed towards purchasing the home. It is important to note that even if you didn’t contribute to purchasing your marital home, you still have the right to reside in your home during the separation period.
Most couples try to resolve marital disputes on their own while still living together. Refraining to file a divorce while still living together amid marital conflicts can make the situation worse. Some spouses are irrational and turn violent when tension heightens.
What To Do If Your Abusive Partner Is Threatening To Kick You Out?
If you have an abusive partner who has repeatedly threatened or tried to kick you out, then you can seek protection from family law.
If your partner is causing you physical and emotional harm, you can seek a restraining order. A restraining order is a violence protective order that orders your violent partner to give you and your minor children space and allow you to remain in the marital property as you figure out the next move.
On the flip side, some people have manipulated this law to stay longer in community property and get temporary child custody. Such people are manipulative and prevent the people who truly need help from getting it.
Domestic violence makes one feel demeaned and lonely. When you’re in this situation, it is important to know that you can get some help.
Separation While Still Under The Same Roof
Couples may decide to separate and still live under the same roof as they figure out the next step. As a matter of fact, it is not only expensive to maintain two households, but also it would be stressful for kids.
Does The Law Allow Couples To Live Separately Under One Roof?
Most people assume that you have to live separately after a separation or divorce. The truth is, just like you can live separately while still married, you can also live under one roof even after separation or divorce.
However, it is advisable to live separately, especially if you are financially fit. Living under one roof waiting for divorce can heighten tension. Remember, leaving before divorce is determined doesn’t mean you will lose your share of the marital property and other marital assets.
Property Rights When an Unmarried Couple Cohabits
Unlike in the case of a married couple, unmarried partners may not have sufficient protection by the law, especially regarding the property they own together or separately. As a rule of thumb, if you and your partner decide to live together before marriage, you need to draft a binding agreement about property division in the event your relationship ends.
The agreement should be written at the beginning of the arrangement to live together because, at this time, decision-making is sober. This is unlike when you decide to end the relationship because emotions can get in the way.
When Can My Spouse Evict Me From A House?
There are special circumstances where a spouse can rightfully kick out the other spouse from their house. These reasons include:
When there is evidence of domestic violence
If one spouse has repeatedly been involved in physical abuse of their partner or children, the offended partner can request the court to evict the offender from their marital residence. It is imperative to note that a spouse can be temporarily evicted even if they have contributed to purchasing the home. The partner alleging domestic abuse should request a protective order or temporary restraining from a family court.
If you’re in an abusive relationship and fear for your life, you should inform the police to get an emergency protective order. Although an order from the police is temporary, it prevents the issue from getting out of hand until a court gives more robust protective orders.
When a community home is considered personal property
It might be easier for your spouse to kick you out if they purchased the home before you married. However, the law may view a community home as belonging to both spouses regardless of when or who purchased the home.
If your spouse provides enough evidence to show that they paid for the house with personal funds, the court may permit them to evict you reasonably. This mostly happens if your name is not on the deed of the home.
If your name isn’t on the deed, it is imperative to consult a divorce lawyer to help you determine if you have a claim to possession of the marital home.
What Are The Steps Of Evicting A Spouse Legally?
Separation and divorce laws vary from one state to another. While there is no general procedure for kicking out a spouse, your state laws may limit what you can do when evicting a partner.
The first step a spouse should take to evict the other is to file a temporary order in the family court for their spouse to vacate the marital home. Other states allow spouses to evict their ex-lovers by filing a motion for the exclusive use of a community home in a family law court.
Spouses may also choose to reach a separation agreement outside a court.
Why Is It Important To Hire An Attorney During The Separation Period?
If you are still living in your marital house during separation and your spouse threatens to evict you, it is advisable to hire a lawyer. Law firms with seasoned attorneys will answer common questions you may have during the eviction process.
The lawyers will let you know about your state’s eviction laws & temporary orders from a family court commissioner. Additionally, a lawyer can help you prepare legal documents and represent you in a court of law if need be.