The home you live in with your spouse can become a major point of contention when the decision to divorce is made. It’s not just about who will get to keep the house, but in some cases, who gets to live there while the divorce is underway.
In some instances, both spouses are content to continue living together until the divorce is finalized, or one may volunteer to move out. However, they should clarify what, if any, effect this may have on custody or property division before they move.
Sometimes, one spouse demands that the other leave when they don’t want to. Can they do this? In most cases, they cannot.
If you jointly own the home with your spouse, then neither party typically has the right to throw the other out while the divorce is ongoing. If you bought it while married, you both own it in the eyes of California law, even if only one name is on the title.
Potential exceptions
If your spouse bought the house before marrying you, they might be entitled to ask you to leave. That’s provided they didn’t add your name to the deed at any point.
If your spouse accuses you of domestic violence, a court might issue a restraining order that forces you to stay away from the property. Therefore, you would effectively be moving out.
A temporary court order can clarify things
When couples are not happy to remain in the house together, they may ask a court to issue a temporary order determining who gets to stay during the divorce. It is best to seek legal guidance to understand how the law would view your unique situation and understand the potential effects of any choices or decisions before taking action.
