When Can You Force Your Spouse From the Marital Home?

by Pacific Legal GroupNovember 22, 2021December 22nd, 2021Uncategorized

When you’re going through a divorce, it’s a difficult time and may be awkward to share space with your spouse. If your partner does not agree to live elsewhere for the duration of the divorce, can you force him or her to leave? Before you try to force your partner to leave, here is what you need to know about your spouse’s rights to your home.

If you are in an unhappy marriage or relationship, it can be hard to know what steps to take next. It is important that you hire the right person who understands your situation and will work with you on all of your case needs. A family lawyer in Modesto, CA, such as Attorney Bernie can help!

Understanding the Rights to the Marital Home

When you purchase a home with your spouse, you both have rights to the property. When you are in the middle of a divorce, you still both have rights to the home. Even if you feel your spouse betrayed your marriage, you cannot force him or her to leave the house. Some spouses make the mistake of changing the locks on the other party. Be careful not to change the locks or damage any of your spouse’s property because he or she could use legal action against you.

A family lawyer in Modesto, CA can help you understand the rights to the marital home and other assets in a divorce. They can also help you negotiate a division of property fairly and protect your interests. If you are considering a divorce, it is important to speak with Attorney Bernie to learn about your options.

Understanding Your Right to Safety

You have a right to feel safe in your home. Even in cases where you are not going through a divorce, your spouse has no right to compromise your safety. When you are going through a divorce, you and your spouse may have arguments and disagreements. It may be difficult to coexist in the family home. However, petty arguments aren’t necessarily grounds to force your spouse from home. However, if your partner is combative, violent, or aggressive towards you or your children, you can have him or her removed.

If your spouse physically assaults you or threatens physical harm, contact the police right away. If you have a restraining order against your spouse, he or she cannot enter the premises, even if he or she has a legal right to the house. Once you have a restraining order in place, your spouse can be ordered to leave the family home.

You and your spouse have rights to your marital home. Neither party can force the other one to leave without reason. While you can ask your spouse to leave the premises, he or she does not have to listen without a court order. If you or your children feel unsafe in the home with your spouse, contact the police as soon as possible. A consultation with a family lawyer Modesto, CA may be necessary to ensure that you and your children remain safe from your ex.


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