How to Make a Spouse Move Out During Divorce

By Beverly Bird

First, the bad news. If you purchased your home jointly with your spouse, he owns it, too. There’s little you can do to force him to leave against his will. In fact, many attorneys will advise him not to go. It might appear to the court that he has left his children with a parent who he is later going to claim should not have custody. The good news is that sometimes, the court might instruct him to move out anyway.

Step 1

Talk it out. Your spouse might not want to be in the house with you any more than you want to live there with him, but he may have some viable concerns about moving out. Try to come up with a plan to address those concerns. Agree to an immediate custody and visitation agreement, filed with the court, so he knows he’ll still have regular time with his children. Agree to a partial settlement, one that just concerns the house. He might leave if he knows it’s not going to jeopardize his financial interest in the home.

Step 2

File a motion with the court for exclusive occupancy of your home pending your final decree. If you win, the judge will order your spouse to leave. However, you will probably have to prove that his presence in the home is causing extreme angst for you and your children because of some circumstance like verbal or alcohol abuse. Some state courts are more willing to entertain this concept than others.

Divorce is never easy, but we can help. Learn More

Step 3

Ask the court for a domestic violence restraining order if you genuinely feel you’re in danger. The procedures in most states involve a temporary order, then a hearing to determine if your allegations are legitimate. If they are, the court will order your spouse to move out and give you occupancy of the home, unless or until you give it up in your final divorce decree.

Step 4

Many courts will not award a final restraining order unless there’s been actual physical violence. If you get a temporary restraining order because your spouse threatened violence, it may not be enough to keep him out of the home permanently, pending your divorce. Courts are also becoming more wary of spouses making false claims of violence because it may be the only way they can get their partners to leave the home. If the court denies you a final restraining order after your temporary order, your spouse can return home in a few weeks and the situation could be worse than before because he's angry over what you've done. If you’re suffering domestic violence, speak with an attorney as soon as possible to explore your options.

Divorce is never easy, but we can help. Learn More
Leaving a Matrimonial Home Before a Divorce


Related articles

Wife Rights During Separation Before a Divorce

All spouses have certain rights, but they’re usually not enforceable without court intervention. Before the court can act, you must initiate a lawsuit against your husband. After you've filed a petition for divorce or for legal separation, a judge can enter orders to protect you and your interests. You can ask the court to order your husband to do something while your divorce is pending or to make him stop doing something.

Define Contested Divorce

If you can’t reach an agreement with your spouse regarding how to end your marriage, your divorce is contested. Contested means that you’re in a position where you must let a judge decide one or more issues between you because you can’t do it on your own. However, a contested divorce is not necessarily an absolute and permanent condition. Many divorces begin as contested matters but never go to trial because spouses settle and eventually reach an agreement.

Can a Spouse Get Half of the House in a Divorce in Connecticut?

Your home may be the most valuable asset you and your spouse own, so it will be important for you to claim your ownership interest during a divorce. Connecticut courts split all assets in an equitable manner; the split should be fair if not equal. If you and your spouse both get a share of the house in your divorce, you may have to sell it or refinance to actually split the value.

Get Divorced Online

Related articles

Residence Rights During Divorce

When a couple decides to end their marriage, it doesn't automatically follow that one spouse will pack his bags and ...

Rights on Temporary Possession of a Marital Home

When a couple marries and purchases a home together, then one files for divorce, this does not automatically grant ...

What to Do When Your Wife Wants a Divorce

Women initiate two out of every three divorces, according to Divorce Lawyer Source, quoting the National Center for ...

Florida Divorce Property Laws

Florida law “presumes” that the fairest way to end a marriage is to give each spouse 50 percent of the property ...

Browse by category
Ready to Begin? GET STARTED