Can I be keep working from my home businesses while going through a divorce with my spouse still living there?

UPDATED: Oct 1, 2022

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Can I be keep working from my home businesses while going through a divorce with my spouse still living there?

My shop is built on the same property as
my house. I want to move out of the
house but don’t want to be baned from
going to work. What’s the best approach
to this situation? I hope to end up with
the house and shop at the end of the
divorce but for now have to be the one
to move out. Can she really keep me from
going to work everyday?

Asked on September 9, 2017 under Family Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Family court does have the power to order one spouse to leave the marital property, but tries to be fair or equitable in doing so. If the court has already ordered you to move out, you can make a motion for the court to reconsider its opinion and/or file an appeal; in either, you would site the hardship to you from not being able to go to your shop and work. You need to stress the impact. You would also be well-advised to offer reasonable alternatives: e.g. you will have access only to the shop, and only at certain defined hours; or you will access for a certain number of weeks, at which point you must relocate it, etc. If you can show that you are not harassing, threatening, etc. your spouse and are willing to restrict your access to the shop and abide by other reasonable conditions, you will increase your chance of a favorable ruling. But as this answer began, the court does have the power to exclude you from the property, so if this issue is before the court or has already come before the court, you need to get the court to allow you access.
Note that given the importance to you of this, you would be well advised to retain a family law attorney to help you.
If there has been no court order requiring you to leave or not work at home, you don't have to move out: your wife can ask you to leave and you may choose to do so, but without a court order, she can't make you.

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 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.

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