What can one spouse do legally to prevent a forced eviction by the other spouse during the early phases of a divorce?

Is it possible to file for custody of the home to prevent forced eviction? Are there necessary grounds for such a filing?

Asked on September 7, 2017 under Family Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The family court can issue an order preventing this: one spouse may not evict another spouse from the home they lived in as a married couple. Eventually, during the divorce, who can still live there will be determined, but until it is determined in a divorce case, neither spouse can lock out the other. If a divorce case has already been filed, make a motion in the case (using the case's docket number) for an order barring the lock-out; if a divorce case has not yet been filed, file the case, to bring the court into the matter and give the court jurisdiction (power) over the matter.
If possible, hire a family/divorce law attorney to help you; but if you can't afford one or really want to do this yourself, get a copy of your state's rules of court (you should be able to get one on-line) and also ask the family law clerk for filing instructions.


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