Can one spouse force the other spouse to vacate their house once divorce papers are served?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can one spouse force the other spouse to vacate their house once divorce papers are served?
Asked on June 13, 2015 under Family Law, Connecticut
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No they cannot. Serving divorce papers is not enough; unless the divorce has been finalized or temporary orders have been issued by a court providing otherwise, one spouse cannot legally put the other spouse out of the house. The reason is that it is still considered to be the joint marital residence (no matter whose name is or isn't on the title/mortgage).
Note: If one spouse is in fear of the other regarding physical abuse or the like, they can file a legal motion to get the offending spouse out and prohibited from returning.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.