How do I get my spouse to move out of the house during the divorce?

There have been no domestic violence issues.

Asked on September 25, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

In short, no.  Unless there has been domestic violence, there are no legal grounds for a "kick out" order. 

You should keep in mind that under In Re Marriage of Epstein (1979) 24 Cal.3d 76, spouses are entitled to reimbursement in connection with payment of community obligations after the date of separation.  Similarly, under In Re Marriage of Watts (1985) 171 Cal. App.3d 366, spouses are entitled to reimbursement related to one party's use of the community assets since the date of separation.  Under Watts, such reimbursement is usually measured by reasonable rental value.

Keeping these concepts in mind, there is some strategy to who leaves the home.  If the reasonable rental value of the home is higher than the mortgage payment--it may be better for you to leave.  If the mortgage is relatively high and the reasonable rental value is low, then you may want to stick it out.

You could always try to drive them out of the house.  Take up smoking?  Start dating?

Best of luck.

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