Can one spouse force the other spouse to vacate their house once divorce papers are served?

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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 6 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.


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