Last updated on April 8, 2021
This is a very common question. When a marriage falls apart it can be very uncomfortable living under the same roof and this inevitably leads to the question of which party is going to move out.
The Marital residence belongs to both the husband and wife. Therefore, neither can force the other to leave without a court order. To get that court order you are going to need to have a hearing in front of a judge. This hearing would either be a temporary or final hearing in a divorce action or under a petition for a Family Violence Protective Order.
People sometimes ask, what if the other spouse owned the home before we were married or what if the house is just in the name of the other spouse? These facts do not change the answer. Both parties are entitled to remain in the marital residence until the other is granted exclusive use and possession by a court order.
Of course, the parties can always agree on this issue. They may decide that one spouse has an obvious place they can stay until the divorce is final or they may decide they can move to different bedrooms and play nice.
