You knew that your marriage was having troubles, but you never expected it to end in divorce. Nevertheless, your spouse came to you and told you that they did want to file for divorce and end the marriage.
You are naturally unhappy with this arrangement, so you want to ask your spouse to leave the house. You think there is just going to be too much conflict if they stay in the home while you try to finalize a divorce. You would prefer it if they lived elsewhere. But they say that you can’t throw them out of the house. Are they correct?
Do they own the home?
Anyone who owns a home has a right to stay in that home, regardless of who else may be a co-owner. Neither co-owner can force the other one out without a court order – such as the court instructing someone to leave due to allegations of domestic violence. So, if you do not have a court order and you and your spouse bought the house together, there is no way that you can tell them they have to leave the house.
Of course, you can make this request if you would like. Many couples would agree with you that it’s too difficult to live together during a divorce, and so they do split up. But choosing to do this is much different than being obligated to do so, and you cannot force your spouse’s hand in this regard, if their name is also on the deed.
As you look into all of the specifics and get the divorce process underway, be sure you know exactly what legal steps to take.