Can I Force My Spouse to Move Out of Our Home?


In a TV show or movie, filing for divorce usually results in one person leaving the marital home immediately. In reality, however, simply submitting the papers to start Pasadena divorce proceeding doesn't mean your spouse must find a new place to live.

Typically, filing for divorce doesn't affect rights to remain in the marital home. If both spouses have their name on the deed or lease to the home, both have equal legal rights to continue to live in the home. You aren't required to share a bedroom anymore, but you must both continue to live under the same roof unless one party agrees to voluntarily leave. This is true even if the divorce proceedings were initiated because of adultery.

If your spouse has the locks changed in an effort to keep you out of your home, you are within your legal rights to hire a locksmith to gain entry to the home.

The only way to force one person to leave the marital home is if there is physical abuse involved. If you are filing for divorce because you are a victim of domestic violence, you can legally compel your spouse to vacate the home. If your children are being abused, this is also grounds for legally requiring your spouse to leave. However, there are specific papers that must be filed and procedures that need to be followed. Your attorney can help you prepare the motion for temporary possession of the marital residence.

Obviously, having to live with your spouse after you file for divorce in Pasadena can be very stressful. For this reason, many people do choose to temporarily live with friends or family members if at all possible. If this is not a feasible option, the best solution may be to simply rearrange your work schedule so that you are not together in the marital home any more than is absolutely necessary.