Easily Connect With a Lawyer or Mediator. Settle Your Divorce. Support Forum. Start Your Divorce Today Explore your options. The information contained on this page is not to be considered legal advice. This website is not a substitute for a lawyer and a lawyer should always be consulted in regards to any legal matters. Divorce Source has made no judgment as to the qualifications, expertise or credentials of any participating professionals. Join the Network. While this may seem clear in a landlord-tenant context, it is much more difficult to obtain an eviction order when the parties are married.
This is especially true if both spouses contributed funds to purchase the home or both their names appear on the deed and title to the home. Additionally, in cases where a couple is trying to resolve their issues and refrain from getting a divorce, living together may make the situation worse. Some spouses may turn violent and abuse the other spouse if the tension becomes too much under the same roof.
In such a case, a spouse may be evicted from the home despite being its sole owner if such a situation occurs. Given the sensitive nature of separation and divorce issues, it may be in your best interest to contact a local family law attorney for further advice on the laws regarding separation and evictions in your particular state.
Not only will your attorney be able to answer questions that are specific to your matter, but they can also assist you in filing for an eviction or emergency protection order depending on your situation. There are a few possible scenarios in which it may be possible for one spouse to evict the other spouse from the marital home.
These include the following:. Property will only be viewed as separate from marital property in a community state under certain conditions.
This will be contingent on a number of different variables and state laws. As for states that follow the common law standard, property that is acquired during the marriage may be considered separate property when certain factors are present, such as if only one spouse is listed on the deed to the marital home and the home was purchased with funds from an individual bank account.
One other detail to keep in mind about property distributions during a divorce is that all property will be divided among the parties at the time that the divorce is finalized, regardless of whether that property is labeled as separate or joint marital property. The court will review the list of properties and assets owned jointly or separately by the couple to determine how to equitably distribute them amongst the parties.
Some factors that a court may examine in order to ensure that the property and assets are divided fairly between the parties include:. Separation and divorce issues are primarily governed by individual state laws. Thus, while there are some general steps that a person can take to evict their spouse during a separation period, there may be either limited options available or extra steps that one can take depending on the laws of a particular state.
One common method that can be used to evict a spouse in many states is by filing a request for a temporary order to vacate the marital premises with the local family court. Again, this option may only be available in certain states and each of those states may have its own guidelines, such as how long it might take for such an order to be ruled on or to go into effect.
Another way that a person may be able to evict their spouse during a separation in some states e. However, this does not necessarily mean that the petitioning spouse will be allowed to occupy the marital home after the divorce.
Although an EPO is only intended to be a temporary protective measure for specific situations, it can serve as a powerful placeholder until a person can secure a more permanent legal solution from the court. Lastly, an individual may also choose to speak with their spouse outside the confines of a courtroom if they believe that they will be able to communicate and reach a peaceful compromise with their spouse.
This order protects a party from domestic violence for a period of time, as laid out in the conditions the court determines. The ex parte order forces the spouse to leave the dwelling in question regardless of which party holds the legal title to or is the lessee of the residence. The order puts you in sole possession of your home in emergency circumstances such as domestic violence. Once the court grants the dwelling exclusion order under Family Code , your spouse must leave the residence or face legal consequences such as arrest.
If your spouse still refuses to leave, you have the right to call the police. Since your spouse will not have the opportunity to present his or her side of the argument, the courts will typically only grant an application if it finds you are in a true emergency.
Good causes for why the courts should grant your order may include:. You must also prove the party that will remain in the dwelling has a legal right to possession of the premises. If you meet these minimum requirements, the courts will grant your order, typically effective immediately.
0コメント