How to Get a Spouse to Move Out During Divorce?

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Married couples are most often tied to their home, both financially and emotionally.

Therefore, it is not a surprise when a spouse refuses to move out during a divorce. Kicking a spouse out of the house can be a very difficult task. It can be more problematic for couples to remain under the same roof during a divorce because they are likely to succumb to fights.

Nevertheless, there are legal ways how to get your spouse to move out during a divorce instead of physically or unlawfully forcing them to leave the residence without a court order.

Should a spouse move out during a divorce?

“Should I move out of the house before the divorce is completed?”

There is no absolute answer to this question, as it depends solely on the couples and their unique circumstances. Situations like this are never clear-cut! Living under the same roof with a soon-to-be ex is not ideal for most couples.

However, various factors can determine how to get a spouse to move out during a divorce, and if a spouse should move out, they include:

• Domestic violence

Spouses, either emotionally or physically abused, should take the necessary steps to protect themselves and divorce when it’s time to leave, even if that includes making the abusive spouse move out. Domestic violence is one important factor that determines if a spouse should move out during a divorce.

In cases where your spouse physically abuses you and your kids, you can seek an injunction or a protective order.

The court can order the abusive spouse to leave the house and stay away from you and the kids. If the abuser is the husband, the court can get the husband out of the house.

• What’s best for the child

Most spouses prefer to endure the divorce process in their home because of the adverse effects on their child. The partner can argue that remaining at home is a better option than disrupting the child’s life.

Also, both spouses can reconcile after one party has moved out, disrupting the child’s life again. The absolute truth is no one knows if choosing to stay or leave will be the best for the marriage except for the couples.

However, it’s always better for the couples to discuss and come up with an amicable solution that is best for the family.

Related Reading: Can Living Separately While Married Be a Good Idea?

Can you get your partner evicted during a divorce?

Can you kick your spouse out of the house forcefully? No, you can’t. Both spouses have the right to stay in the house, and no one can forcefully remove a spouse from the house.

On the other hand, can you lawfully evict your spouse? Well, yes, you can with moving during divorce rules.

The court is an excellent answer to how to get a spouse to move out during a divorce. It is essential to know that a spouse cannot be forced out of the house without a legal order.

However, if a spouse bullies the partner into moving out before the divorce, the partner can seek advice from a divorce attorney on how to handle the situation.

In marriages, the home is an enormous asset; in some places, like California, property bought while married is known as community or marital property. California laws state that community properties should be divided equally among the couple.

So, peradventure, you and your spouse purchased a house together during the marriage, and it will be difficult trying to make your spouse move out during the divorce.

How to get a spouse to move out during a divorce includes:

• Proving domestic violence

Are you curious about getting a spouse to move out during a divorce, that is, an abusive spouse? Prove your case in court!

If a spouse can prove domestic abuse in court, the court will force the abusive spouse to evict the premises. An instance is the South Carolina Code Of Laws which states in Section 20-4-60 (3) that the court has the power to grant the abused spouse temporal possession of the property.

Wives with abusive husbands often ask, “Can I have my husband removed from the home, or how to make your husband leave you?” The court sides with the abused spouse, whether it’s the wife or husband. This is one way to kick your spouse out of the house legally.

• The property was purchased before the marriage

Another method of forcing your partner out is if you purchased the house before marriage or have only your name written on the deeds to the house. In this condition, your spouse has no legal rights in the home and can be made to move out.

• Filing a fault divorce action

Attorneys usually advise their clients to file a fault divorce action if they are searching for ways to get their spouse to move out during a divorce. A fault divorce action confirms a legal separation between spouses and is based on fault, in which you are required to prove what the spouse did.

Various legal cases, such as Watson v. Watson, have strengthened the court’s power to evict the spouse at fault. To get a spouse to move out during a divorce, you must prove adultery or abuse. The court will demand that the at-fault party move out of the house.

How to get a spouse to move out during a divorce?

How to get your spouse to move out during a divorce can be achieved by simply talking to them and reaching a mutually beneficial agreement. 

The law mustn’t determine your sleeping arrangement. In a fair and amicable divorce, spouses prefer leaving the house to ensure the divorce process moves smoothly.

Related Reading: Divorce Moving Out Checklist

What to do when your partner refuses to move out during a divorce?

“How can I get a spouse to move out during a divorce?” or “How can I get someone out of the house who won’t leave?” are frequently asked questions by couples getting a divorce.

In the absence of domestic violence, adultery, or other legal grounds for eviction, it’s up to you to get your partner out of the house because the court cannot intervene.

If at all, you want to kick your husband or wife out of the house legally, the best way to solve this problem at hand is by speaking to a divorce attorney about the current situation. Before deciding if your spouse should vacate the premises, consider these factors

• Who filed for the divorce?
•  Are there kids in the picture? Has any custody arrangement been decided?
• Is there a mortgage on the marital home? If yes, who pays the mortgage?
• Is the property yours, your spouse’s, or belongs to both of you?

If you still decide to keep the house after considering all these factors, the best course of action is to talk to your spouse. Both of you can reach an amicable agreement, or you can offer to let go of another property or asset in exchange for the house.

Which spouse gets to stay in the residence during the divorce?

It’s not shocking that the spouse who gets to stay in the home during a divorce is a big and complicated issue. Many partners will prefer moving out before the divorce is final to avoid unnecessary confrontations and conflicts.

Some are already in a budding relationship and might want to move in with their new partner or move their new partner into their marital home. There is no absolute answer or crystal-clear solution of who moves out of the house and who gets to stay.

One important cause of this dispute is that both parties are entitled to possession and exclusive use of the marital home.

Only the court can determine if a spouse should remain in the house or a spouse can choose to move out willingly. You can also remain if your name is listed on the house or an order of protection has been put in place entitling you to kick your spouse out of the house.

However, without any legal order entitling the spouse to remain in the house, both spouses are entitled to that property.

In this case, it is difficult to determine who stays in the house. There is a higher chance that the party that gets to stay in the house was more persuasive in convincing the other partner to move out.

Related Reading: Trial Separation While Living Together: How to Make It Possible?

Conclusion

Spouses cannot forcefully remove their partner from their marital home without a legal order. In summary, how to get your spouse to move out during a divorce includes

• Persuading your spouse to move out
• Bringing a fault divorce action
• If your name is on the title of the house

Since the divorce process can be costly, lengthy, and time-consuming, ensure you discuss with your partner at length whether moving out is better for your family.

It would be best if you considered that what works for another might not work for you, so don’t base such an important decision on other marriages.

If you feel leaving the house is what’s best for your mental well-being and that of your partner, then do just that. If staying in the house is the best decision for you, then consult your divorce attorney for steps to take.

According to Dr. Kimberly VanBuren, a marriage and family therapist:

Moving out during divorce becomes the beacon of newfound freedom, offering solace in solitude, clarity in space, and the opportunity to rebuild amidst the debris of the past. 

It’s the first step toward reclaiming autonomy, nurturing self-worth, and rediscovering the strength to chart a new course toward brighter horizons.

Do you wonder, “Should I move out of the house before divorce?” The video below illustrates why spouses living separately during the divorce phase is the best for both of them: