WHEN CAN YOU REMOVE A SPOUSE FROM THE HOME
If you and your spouse decide to separate, living together can become a major problem. What happens if your spouse refuses to leave the family home. Can you legally have him or her removed? The answer is that you can evict your spouse, but only under specific circumstances.
Violence Towards You and Others:
Domestic abuse is the biggest exception if you want to evict your spouse from the marital home. Allegations of violence towards you or your children are taken seriously by the courts. If you can prove a history or pattern of domestic abuse, then you can have your spouse evicted. Even if you own the property together, you can evict him or her. You should begin by filing a temporary restraining order.
Threatening Behavior Towards You and Others:
Threats are not acceptable. Even if your spouse does not act violently towards you, you should take all threats seriously. If you feel like you are in danger, you can file for an emergency protective order. To do this, you can contact the police to have your spouse removed from your home as soon as possible.
Lesser Claim to the Property:
If your home is considered separate property, then you would have an easier time removing the other spouse from the home. The problem is that even if your spouse is not on the mortgage, courts will likely consider the home to belong to both of you. If you bought the home before the marriage, you may be able to evict the other.