You often see movies where a person whose relationship is ending comes home to find that their spouse has put all of their things on the lawn. Their spouse tells them that they are being kicked out and need to find a new place to live because divorce proceedings are starting.
But is this actually realistic? Maybe you are concerned that your spouse is going to file for divorce in the near future. Is it actually possible for them to kick you out of the house if they do so?
Not in most cases
Generally speaking, the answer is no. Your spouse cannot kick you out of the home just because they want to file for divorce.
After all, you may be one of the legal owners of that house. Maybe you and your spouse got married and then bought the home together. You both own it equally, so you both have a right to be there. Just because your marriage is ending does not give your spouse the right to force you to move out against your will.
If you are a legal owner of the house, then the only way they could make you move is by getting a court order. The court will typically only issue such an order if there is a potential safety issue.
If there are credible accusations of assault or domestic violence, for example, the court could issue a personal protective order for your spouse, meaning that you cannot be in the same home with them. But if it is just a standard divorce without any other elements, the court is not going to make you leave simply because your soon-to-be ex would prefer to live on their own.
Your legal rights
It is very important to understand your rights as they relate to marital assets, especially when looking at real estate or the family home. Not only does this matter during the divorce process, but it is also a critical component of property division. Take the time to carefully look into your legal options if a conflict should arise.