When your spouse tells you that they want a divorce, you know there are going to be significant changes to your living situation and the structure you had in your life, along with your marriage.
That said, you may still be surprised if your spouse tells you that they want you to move out immediately. Maybe you come home and they have already packed your bags or put your stuff on the front step. They tell you that the relationship is over and you have to go. But can they actually kick you out of the house?
Do you also own the home?
Things can get complicated if you do not actually own the house, such as if your spouse was leasing an apartment and you moved in after you got married. You may have a right to continue living in that apartment, but it can be more complex, especially if you have never added yourself to the lease.
But if you and your spouse own the home together, then it is as much yours as it is theirs. Both of you are on the title and all other paperwork associated with ownership or your home mortgage. When you both own the house, neither one of you has the legal right to kick the other person out.
The major exception to this rule is if your spouse has a court order saying you have to vacate the premises. This will sometimes be done in cases of domestic violence or abuse. They could have gotten a protective order from the court.
But if they are just trying to kick you out of the house because they are filing for divorce, they likely do not have the legal authority to do so.
A complicated divorce
Even if you do have a right to stay in the home, this development shows that your divorce case could be relatively contentious and complex. It is very important to understand all of the legal options you have at this time.