You and your spouse have been living together for five years, ever since you got married. Perhaps you moved a long distance from your extended family so that your spouse could take a job. You don’t really have much community in the area, outside of a few coworkers that you’ve met.
That’s why you are concerned when your spouse files for divorce and tells you that you need to move out of the house. Where are you going to live? Housing is prohibitively expensive and you don’t have anywhere else to stay. Can your spouse even kick you out of the house just because they’ve asked for a divorce?
Homeownership rights
In many cases, there is no way for your spouse to actually kick you out of the house. They can ask you to leave. They can point out that it may be stressful and awkward to live together while going through a divorce.
However, if you’re both on the title for that home, they can’t force you out without a court order. You still have a right to live in the house that you own. Until you and your spouse sell it during property division, you can stay in the house.
This situation can be problematic, though, if you are not technically one of the homeowners. If your spouse is the only one who purchased the house and they are the only one listed on the title, then they can ask you to leave.
A contentious divorce
No matter how things play out with the family home, it is clear that your divorce may be contentious. This can make things more complicated, and it can help to work with an experienced legal team at this time
