QUESTION
Can I make my spouse get out of the house before divorce is filed?
Asked on Feb 07th, 2014 on Divorce - Rhode Island
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No. Once you file for divorce, you can ask the court to order him out. If there has been abuse, you might be able to get a protective order before the divorce was filed.
Answered on Feb 12th, 2014 at 4:49 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Presumably the house belongs to both of you. Unless a court orders him to move, he has the same rights to it as you do.
Answered on Feb 12th, 2014 at 4:49 PM
Personal Injury Attorney serving San Antonio, TX
at
Law Offices of James P. Peterson
Update Your Profile
If you get temporary orders.
Answered on Feb 12th, 2014 at 4:48 PM
Family Law Attorney serving Thousand Oaks, CA
at
Law Office of Terry A. Buchanan
Update Your Profile
In California that can be a tricky or sticky issue as each spouse entitled to a residence. You must establish several facts including your spouses ability to secure alternative housing and not at the local "motel". Now this answer changes drastically if there is domestic violence involved. Then the proof is the abuse and your need to secure safety.
Answered on Feb 12th, 2014 at 4:48 PM
You must seek a court order granting you exclusive use of the residence.
Answered on Feb 12th, 2014 at 4:02 PM
If it is a community asset then he has as much right to be in the house as you do. Try separate bedrooms.
Answered on Feb 12th, 2014 at 2:40 PM
Divorce Attorney serving Bloomfield Hills, MI
at
Catchick Law, P.C.
Update Your Profile
Generally speaking, absent violence or threats of violence, one party cannot force the other to leave the house while the divorce case is pending. However, if one spouse threatens or physically harms the other, then they can be kicked out by the Divorce Judge.
Answered on Feb 12th, 2014 at 2:33 PM