Can my spouse demand I leave my home?

The division of property can be very contentious, and it is not uncommon for us to be asked, “Can my spouse demand I leave my home?”

The quick answer to this question is. No, your spouse cannot evict you from your home. In fact, no one in a divorce dispute can kick the other person out of their marital home. The only person with the authority to make such an order, is a family commissioner or judge. 

Although a spouse does not have legal recourse to remove you from your home. It is critical to follow specific steps and gather evidence, in order to win on the claim of staying in your home. These steps vary greatly depending on each individual’s case. Which is why we always recommend seeking legal counsel specializing in family law and divorce.

This is especially true if you have a spouse that is demanding you leave your home.

It is important to know in the eyes of the court, both spouses contribute to the property they acquire during their marriage. This remains true regardless of income source. Furthermore, many clients are surprised to learn marital property can be divided, even in cases where only one spouse holds the title to the property in question.

Don’t navigate your divorce alone, or continue to wonder, “Can my spouse demand I leave my home.”

Let us help ensure you have what you need to thrive in your next chapter. Schedule your free 30 minute consultation today!