Your spouse has always said that they never want to get divorced. However, you can tell that the relationship is falling apart. Eventually, you decide that you want to move on, and you file for a divorce.
As you expected, your spouse is very unhappy about this decision. In response, they tell you that you need to move out of the house. If you want to end the relationship, they’re not going to live with you, even during the months that it takes to finalize the divorce.
While you understand their frustration and desire to live apart, are they legally allowed to kick you out of the house?
Not if you have ownership rights
Typically, the answer is no. But it may depend on if you technically own the house or not. If you and your spouse bought it together and you are joint owners, then neither one of you can kick the other person out because you both own that property.
In some cases, a person can go to court and get a court order requiring their spouse to leave the house. Courts don’t do this lightly. They generally only do it if there’s evidence of abuse or other safety issues. So this may be a path that your spouse pursues, but it’s unlikely to be successful if their only reasoning is that they simply don’t want to live with you. They can choose to leave, but they can’t force you to do so.
A situation like this is likely to lead to a high-conflict divorce. Be sure that you understand all of your legal options every step of the way.
Last updated on June 29, 2025