Introduction

One of the more common questions I get is how to get your spouse to move out of the house (or apartment) during divorce.

I understand why because if you are going to divorce your significant other, chances are you don’t want to live with that person any longer than necessary.

Plus, there are safety concerns and reasons to want your spouse to move out during divorce.

There are three main possible ways to get your spouse to move out during divorce.

Exclusive Use Order

The first method is to get an order of exclusive use of your house or apartment during the divorce. Many married couples own their house or might be on the lease to their residence jointly. Thus, they are often left wondering which one of them has to leave and why.

If you and your spouse are both on the title to the house or on the lease, then technically neither one of you has to leave or has the power on your own to make the other leave.

So, a court order directing your spouse to move out during divorce is required.

Under statute, you can request that the court enter an order giving you exclusive use of the residence. Of course, your spouse may request the same thing. So, this is not an automatic guarantee.

However, it is a legal method to get your spouse to move out, and can be achieved with good legal help and/or a compelling reason why you, not your spouse, should get exclusive use of the house.

If the court grants you exclusive use, then that is a legal order that requires your spouse to leave during the divorce.

Protective Order

A second method is to get a protective order, aka an order of protection.

You can get an order of protection if your spouse has committed an act of domestic violence against you.

Obviously, the primary effect of an order of protection is that your spouse can no longer be around you, and in many cases can no longer contact you directly.

Another benefit of an order of protection is that you can generally list two protected addresses, one for home and another for work.

If you include your home as a protected address on your order of protection, and if the court grants the order, then your spouse can no longer be at that protected address. As a result, your spouse will be required to move out during the divorce.

Of note, the effect of the order is immediate. However, the police will likely allow your spouse 15 minutes or so to go through the house and gather some personal items and clothes.

Eviction Process

The third method is to do a formal eviction. This is less common since most people are jointly on title to the house.

However, if you own the house as your separate property, it is possible to do an eviction of your spouse. The eviction process would be a separate lawsuit from the divorce.

Plus, it would likely take a little longer than the other two methods since you need to provide advance notice of the eviction.

But, an eviction could give you a greater chance of success and ensure that your spouse has to move out during divorce.

As explained above, the first method is not a guarantee as either spouse can request the same relief, and the court is left trying to decide who gets to stay and who has to go.

An eviction on the other hand, is much more likely to succeed and result in your spouse moving out of your house during the divorce.

Conclusion

In sum, there are three main ways to get your spouse to move out during divorce. The first method is the most common and is available to anyone in a divorce. The second method requires that your spouse commit some form of domestic violence against you. The third method requires that you own the house and your spouse is not on title.

If you are going through a divorce or about to file and would like help to make sure your spouse moves out during the divorce, feel free to contact me here to schedule a consultation.