Do I have to leave the house during divorce?

On Behalf of | Mar 26, 2020 | High Asset Divorce

Five years ago, you and your spouse bought a $3 million house together. It’s your dream home. Now, your spouse has filed for a divorce, claiming that you spend too much time at the office, and the two of you have drifted apart. They say that buying such a beautiful home together was just something you did to try to save the marriage, but it’s clear that it didn’t work.

Even so, they want to stay in the home during the divorce, and they’ve asked you to move out. Do you have to do it?

A lot of people choose to leave, perhaps not realizing that they have no legal obligation to do so. Maybe your spouse told you to pack your bags and find a hotel. You started putting things into your closest suitcase, assuming you had to go and that you were essentially being thrown out of your own home.

Again, you do not have to leave. If you bought the home together, both of your names are on the paperwork. Your spouse has no legal grounds to throw you out, just as you can’t force them to leave. This is property that you own, and so do they. That gives you a right to stay there, whether or not you’re getting along and even after they file for divorce.

Now, there may be a time when one of you needs to leave. The property division process dictates what happens to the house. But that time is not right now, and you must know what legal rights you have to your own property.