Can I toss my ex out of our house when I file for divorce?



When you and your ex split up, one of the questions that you have to answer is who is going to move out of the house. The answer to this isn’t always easy. Even if the house is in your name and you pay the bills, you might have to do some work to get your ex out.

Knowing the options that you have and the steps that you might need to take can help you to prepare for the situation. Consider these points if your marriage is ending.

What happens if my ex was abusive and I want him or her gone?

This is a difficult situation because you might feel like a prisoner in your own home. You might feel like you are in danger. In this case, you might be able to get the court to order your ex to leave if you can prove that you are in harm’s way if your ex remains in the home. You should find out about this possibility as soon as possible so that you can get the process going if you don’t think that your ex will move out peacefully.

Can I just move my ex out on my own?

You can’t just toss your ex’s stuff out and refuse to let your ex into a home you share without facing legal penalties. If your ex won’t leave the home, you will either have to learn to live in the home with your ex or you will need to move out unless you can get the court to order your ex to leave.

As difficult as this is to deal with, you must ensure that you are doing things in the legal way so that you don’t add more issues to your plate. You certainly don’t need your actions to work against you in the property division, child custody or support order aspects of a divorce.

Source: FindLaw, “Can You Force Your Ex to Leave the Home?,” Christopher Coble, Esq., accessed April 21, 2017