Divorce or separation is a challenging process. Sometimes, one spouse will try to evict the other from the marital residence. An eviction occurs when a person is formally asked to leave a certain place. Even though this seems obvious between a landlord and a tenant, it is much harder to get an eviction order when the two are married. This is particularly true if both spouses made financial contributions toward the home’s acquisition or if both of their names are on the deed and title to the property.
With the help of a family attorney, a spouse could still be allowed to live in the marital house during the couple’s separation even though they did not contribute money to its purchase, their name doesn’t at all appear on the mortgage, on the deed, or on the title documents to the property. It would be beneficial if you discussed who will pay the house’s mortgage, utilities, insurance, and other expenses for the house.
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When Can My Spouse Be Evicted From Our Home?
There are a few circumstances in which one spouse could be able to kick the other out of the marital residence.
When the marital residence is regarded as independent property:
It might be easier to evict the other spouse from the marital house if it is solely one spouse’s separate property, as they are not entitled to as strong a claim to the residence or the right to use it. Regardless of who previously owned the marital residence, it is generally believed that both parties share ownership.
If one spouse purchased the property before the union, that spouse would have the highest possibility of successfully evicting the other. If not, it could be more difficult to secure an eviction order. When only one spouse is actually the rightful owner of a home, that spouse must provide the court with sufficient proof, such as the deed, title documents, a copy of the will that grants them the home, and so on. The spouse may also demonstrate that they funded the purchase out of their own funds and that the other spouse made no contributions toward the house.
However, if the other spouse is named on the mortgage documents, the deed, or they paid money toward the house’s purchase or the mortgage payments, the situation would be more complex.
When there is proof of domestic abuse or violence:
A spouse may be able to ask a court to evict the other spouse from the marital residence if they can prove that there have been repeated instances of domestic violence or that the other spouse has assaulted them or the couple’s children.
This holds true even if the marital residence is regarded as both the couples’ community property. The motion for a temporary restraining or protection order must be made in court by the spouse alleging abuse to start this procedure.
Victims can contact the police and request an emergency protective order if they feel extremely frightened or if their lives are at risk. While this is simply a short-term fix, it can keep the situation at bay for a while until more preventative measures can be put in place (a permanent restraining order).
Endnote
If you approach the matter as a landlord-tenant procedure and not another form of legal action, evicting your spouse is essentially impossible. Many states take the stance that if you’re married, then your spouse might have a right to some stake in the property, even if it’s in your name. While a landlord-tenant court cannot simply evict him, you may have alternative choices.
