For a couple that is either recently in the process of divorcing or seeking to divorce soon, one of the primary concerns is determining who will remain in the family home at the end of the process. There is no uniform process that is used to remove one spouse from the family home. Determining who remains in the family home is best left up to the couple.

Can I just kick my spouse out?

When a couple is still living with one another throughout the divorce process, many courts will insist that the couple continue to do so until the case has been fully resolved. If the couple is unable to remain in the home together, then the court will determine that the house must be sold and the profits divided between the couple. Some courts may decide that one spouse may buy out the other's interest in the home before leaving.

In instances when the spouse will not leave the home, one person may choose to ask the court to exercise an order intended to make the spouse leave. There must be a justifiable reason that the court needs to intervene.

The court will choose to remove the spouse from the home when:

• There is a history of domestic violence,
• It is physically, emotionally, or mentally damaging,
• The best interests of the children are not being considered, or
• Denying the request is unreasonable or unfair.

If any of these apply, the court will grant a full hearing including evidence and testimony. However, it is important to realize that if both of your names are on the title of the home, the rights of the homeowner make it difficult for the court to prevent one spouse from entering the home.

When one person is interested in removing a spouse from the house they mutually own, their best bet will be working with their spouse to develop an arrangement that works for the both of them. Only if it is impossible to come to an agreement should the court become involved since they will most often determine that neither spouse can keep the home.