You know that you will likely have to leave your house after your divorce. Maybe you and your spouse own the house jointly, so your plan is just to sell it during marital property division. You can then split up the money from the sale and buy a new house or apartment on your own.
However, since the two of you decided to move forward with the divorce, your spouse has been asking you to move out before the divorce is finalized. They think that it’s just too stressful to live together while you go through this process. Do you have to leave before the divorce has been finalized?
Do you both own the home?
In the example above, the home is a property that you both own. If this is true in your case, then your spouse cannot force you to leave the house. They can ask, of course, just as you could ask them to move out. Many couples do this to reduce the stress that they’re facing. But if you have a legal right to that property and you are a property owner, no one can make you leave against your will.
Things are a bit different if just one of you owns the home. Perhaps your spouse bought it five years before the two of you tied the knot. If the house is still their personal property, then they can decide who lives there, and they may be able to ask you to leave. But if it’s marital property that has to go through property division, you don’t have to move out until the property has been sold.
Navigating a divorce can certainly be complex, so be sure you understand all of the legal steps you can take at this time.