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
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
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
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
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
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
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
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
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