Personal Injury Lawyer

If you are separating from your spouse, your living arrangements can become a quick concern. The two of you have to decide who remains in the family home and who will go to stay elsewhere. Sometimes, it may be a difficult decision or maybe you can’t reach an agreement and your spouse refuses to leave.

Are there ways to force your spouse from the marital home?

The Most Common Cases

In the most common instances, it is not possible to force your spouse from the marital home. The courts do not generally interfere with the decision for one partner to leave the home. You may be instructed to either tough it out or to continue to figure out who should leave. In these instances, you can try to discuss with your spouse and a mediator to decide on the best approach, but you cannot bar him or her from the home. Even if he or she leaves the home, if he or she owns the house or is on the lease, then there is nothing that can bar your spouse from entering the home.

The More Uncommon Cases

This does not mean that you can never bar a spouse from the family home. There are circumstances where you have no choice but to ask for a court order to bar your spouse from the family home. These are almost always instances where domestic violence is involved. If your spouse is abusive or violent, then you can obtain a restraining order. A restraining order prohibits your spouse from having any contact with you. This means that he or she can be banned from the marital home if that is where you are staying.

Normally, you need evidence of physical abuse, but if you do not, then the court may still do so if it is in the best interests of the children, if the situation is dangerous for the mental health of you and your spouse or if it is unfair to deny you the request to remove your former partner.

When it comes to removing your spouse from the marital home, it can be complicated. The court system makes it difficult for you to bar someone from the home. However, under circumstances where there is abuse or if it is in the best interests of everyone involved, the court may be swayed. Sit down with a family lawyer, such as from May Law, LLP, today for an analysis of your case.