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Can your spouse kick you out of the house? 

On Behalf of | Feb 9, 2023 | divorce

You will sometimes find people who say that their spouse kicked them out when they were going through a divorce. Perhaps their spouse came home and handed them the divorce papers, asked them to sign and told them to start looking for another place to live. That person essentially realized that they had to leave their home immediately, and they did so.

However, if you think that your spouse may file for divorce in the future, or if you’re considering it yourself, you may have some questions about this process. Do you really have to leave the house just because your spouse wants you to? Do they have the legal ability to kick you out during a divorce?

Are they the sole owner of the house?

If your spouse is the only person who owns the home, then they may be able to ask you to leave. For example, perhaps they bought it five years before you even met, so they are the only person on the deed and the mortgage papers. Since you have no right to the home, they can ask you to leave as they would with any other friend or acquaintance.

However, many married couples have purchased homes together, so they share ownership jointly. If this is the case with you, then you cannot kick your spouse out and they have no legal right to ask you to leave. Both of you can continue to live together if you want. If that’s too problematic, one of you could voluntarily leave the home, but never assume that you have any obligation to do so.

Divorce can certainly get complicated. If you have any questions, do not hesitate to call the Quinn Law Firm today at 814-806-2518.


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