Do you have to move out during the divorce?

Naturally, couples will often live separately when they’re getting divorced. It can be very awkward to live together while going through this legal process, and it may increase the level of conflict. It also depends on the reasons for the divorce. A couple may be able to keep living together if it’s an amicable divorce and they’ve just grown apart over time, whereas that would be less likely if it’s a high-conflict divorce due to an extramarital affair.

But this can get complicated because both people may own the house. Say that your spouse decides that they’re going to file for divorce. When they give you the divorce petition, they ask you to leave within the next week and find a new place to live.

But you don’t feel that that’s fair because you’ve already paid for a place to live – the family home. Can your spouse actually kick you out under these conditions? 

You both have a right to the house

No, you can’t kick your spouse out and they cannot kick you out, at least as long as you own the home jointly. You both have a right to that house as co-owners. From a legal perspective, it doesn’t matter if you get along, if you’re in a romantic relationship or if you’re going through a divorce. You are still two individuals who each have a right to live in the home.

Now, you may want to find a different living situation. As noted above, staying in the same place often increases conflict. But don’t mistake that with an obligation to leave the house just because your spouse tells you that you have to. If you find yourself in a high-conflict divorce, be sure you are well aware of your legal rights.