Can You Make a Spouse Move Out During Divorce?

In California, property acquired while married is community property. This includes a shared family home. Typically, if the house belongs to both spouses and you cannot force your spouse to leave the family home during divorce except under very limited special circumstances.

Brown & Charbonneau, LLP has extensive experience representing clients during divorce and helping them to protect their interest in their marital property. Call today to learn more about how our attorneys can help you throughout the divorce process.

Can You Make a Spouse Move Out During Divorce?

If you and your spouse purchased a home together or the house was bought during the course of the marriage, you likely cannot make a spouse move out during divorce. However, if your spouse is engaging in abusive behavior towards you or towards your children, then you could seek a protective order or an injunction. Under these circumstances, the abusive spouse may be ordered to leave the family residence and stay away from you and your children.

Outside of this exception, the only way you may be able to force your spouse to move out is if you own the home on your own and it is not considered community property. This would be the case if you purchased the home before marriage; if the home is in your name only and if your spouse has made no contributions to the home during the time you were husband and wife. Under these unusual circumstances, your spouse may have no legal claim on the home but you may still have to follow the procedures for a “kick out” order that apply under California law.

Should A Spouse Move Out During Divorce?

While you cannot make a spouse move out during divorce, it may make sense for one of the two members of the couple to leave the family home while the divorce is pending. It can take several months from the time you file for divorce to the time when you are actually able to formalize your separation and dissolve your marriage. Living together during this time can be uncomfortable for all parties involved.

The spouse who leaves the home will not lose his or her legal interest or right to the house, and may ultimately be able to end up with the house in the divorce settlement depending upon the agreement that is reached. As a result, you should not fear leaving your home because of the risk of losing the house. If you are uncomfortable and your spouse will not leave, you may wish to go.

The spouse who does remain in the house gets a value from doing so, and this will be factored in when the division of property and assets takes place as the divorce is finalized.

Brown & Charbonneau, LLP can provide you with assistance understanding your property rights and can fight for you during your California divorce. Call our Irvine family law attorneys today to learn more about how we can help you.

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