Is it legal for a spouse to “kick out” the other spouse before a divorce is final if the mortage to the home they live in has both names on it?

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Is it legal for a spouse to “kick out” the other spouse before a divorce is final if the mortage to the home they live in has both names on it?

Can they leagally kick out the other spouse even after the divorce is final?

Asked on September 26, 2012 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

"Kick out" is not a legal term, but yes, one spouse can tell the other spouse to get out of the home.  However, if the other spouse's name is on the title, they can legally refuse to leave.   Under this situation, if the first spouse really wants the other spouse gone, for whatever reason, then they would need to file a request for temporary orders by a judge to give them exclusive use of the residence during the pendency of the divorce.  If the parties cannot agree on how to dispose of the house during the divorce, then some judges will order the home sold and the proceeds divided between the two spouses.  By the court's actions in these situations, both spouses are often kicked out of the home. 


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