Can a spouse force the other spouse to leave the house? 30 Answers as of July 03, 2013

Can a spouse have another spouse leave the marital house if there is no abuse? My wife just wants her space to think things out.

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Reza Athari & Associates, PLLC | Armand Fried
No, but you might consider that it may help your marriage if you do give her the "space." Of course I have no idea if that applies to your situation, I am speaking generally based upon exerience. But the answer is, legally, no, you have an equal right to stay there. If she wants "space," she can move out.
Answer Applies to: Nevada
Replied: 11/2/2011
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Your wife can force you out of the house, but only through legal means. New York law allows court to award your wife exclusive possession and occupancy of the marital residence where it is demonstrated that relief is necessary to (i) protect the safety of the persons or property, or (ii) one spouse has voluntarily established an alternative residence and a return would cause domestic strife. However, if your wife just wants space to "think things out", it will be difficult for her to have your legally removed from the premises.
Answer Applies to: New York
Replied: 10/27/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
A spouse can go to court and ask for a kick-out order but unless there has been abuse, it is extremely difficult.
Answer Applies to: Texas
Replied: 10/26/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Not without some type of court orders.
Answer Applies to: Wisconsin
Replied: 7/3/2013
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Only if there is a court order.
Answer Applies to: Michigan
Replied: 10/25/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    In the absence of a court order, I would think that your wife cannot force you to leave the residence that you share with her. Perhaps the two of you can work out an agreement that will allow the two of you to reside comfortably in the house, while also giving her the space that she requires.
    Answer Applies to: Massachusetts
    Replied: 10/25/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Under those circumstances, legally no.
    Answer Applies to: New York
    Replied: 10/25/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    In order to force you from the house, your wife must file in court and demonstrate that you are abusive, threaten abuse, or make the household so full of emotional turmoil that the court should order you to leave.
    Answer Applies to: Ohio
    Replied: 10/25/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/3/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    This is not possible without a court order.
    Answer Applies to: Georgia
    Replied: 10/24/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Not without a court order issued in connection with a divorce or a domestic violence protection order.
    Answer Applies to: Colorado
    Replied: 10/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If a divorce is started then one party can move for exclusive possession.
    Answer Applies to: Connecticut
    Replied: 10/24/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No. They cannot force you to leave the house. You both have equal rights to reside in the marital home.
    Answer Applies to: Florida
    Replied: 10/24/2011
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    It's possible to get exclusive possession of the matrimonial residence pending a divorce action. But you have to make a motion to the court and argue your reasons for it.
    Answer Applies to: New York
    Replied: 10/24/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    There is no requirement that one spouse leave the marital home. A Motion could be filed that would give one of the parties exclusive use and possession of the home during the divorce proceedings, but absent such a Motion being filed and granted by the Court, neither party can be required to leave.
    Answer Applies to: Florida
    Replied: 10/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. Each party has a right to reside in the home until a court order dictates otherwise. A court order could be acquired if there is an allegation that one spouse has committed acts of domestic abuse or, a court may issue temporary orders as part of a divorce determining which party will continue to reside in the homestead while the divorce is pending.
    Answer Applies to: Minnesota
    Replied: 10/24/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Both parties have a right to peacefully co-habit in the home. Only a court order can change that.
    Answer Applies to: California
    Replied: 10/24/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You cannot be forced out without a court order and this usually would occur in the context of a family violence TPO or a temporary hearing in a divorce case. You do not need to move out simply because she demands it.
    Answer Applies to: Georgia
    Replied: 10/24/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    No.
    Answer Applies to: Oregon
    Replied: 6/3/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No only the court can make you leave; however, she can allege abuse (cry wolf) and then the police officer on the scene gets to make the call.
    Answer Applies to: Wisconsin
    Replied: 10/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    With a court order, yes.
    Answer Applies to: Washington
    Replied: 7/3/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No. But the court can, and generally will. If the divorce is filed, then, chances are the court is going to order one of the two of you out of the house. Therefore, it becomes an issue of how you feel about the timing.
    Answer Applies to: Washington
    Replied: 10/24/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    No, one spouse cannot "force" the other spouse out without a court order.
    Answer Applies to: Illinois
    Replied: 10/24/2011
    Law Office of Neil M. Kerstein
    Law Office of Neil M. Kerstein | Neil M. Kerstein
    A court will not order either spouse to move out unless there is a good reason i.e. abuse.
    Answer Applies to: Massachusetts
    Replied: 10/24/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    It is possible for one spouse to get "exclusive use" orders regarding who lives in the family residence pending a final divorce judgment. There are multiple reasons justifying such an order. Obtaining such order also depends on whether there are minor children living in the house and who is better suited to be the custodial parent. It would be best to consult with a local family law lawyer to discuss the particular facts of your case.
    Answer Applies to: California
    Replied: 10/24/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Nope! She can't compel you to go. If she needs space, why can't she move out?
    Answer Applies to: New Jersey
    Replied: 10/24/2011
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