Can I legally kick my spouse out of our house?

He’s driving me insane and being extremely disrespectful of my space.

If there has been domestic violence, through a successful restraining order application, you can obtain a “move out order,” which would require your spouse to move. Otherwise, in most situations, both spouses are on the lease or on the house titile, and as such, it is presumed that both spouses have equal rights to occupancy. I know this can be a very awkward time in the divorce process, where both parties are still living together but going through the legal steps to end their marriage. Mutual respect and communication are really important during this stage.

Hello- on the topic of moving out, I am considering some kind of separation (probably not legal just yet) and want to move out or have my partner move out while we are sorting things out. Partner is the breadwinner. Someone told me that if I am the one to leave that it could impact the future if we legally separate or divorce. Just curious as I do not want to do anything stupid that would impact spousal support in the future. We have been married 18 years and partner has always been the provider/breadwinner.

Moving out shouldn’t negatively impact your right to spousal support; however, without anything “legal,” your partner likewise has no legal obligation to provide you with any kind of support if you do move out. Since you’re not the primary breadwinner, you have to practically consider whether you have the income and credit to do so.

My general rule is that if you choose to move out, assume you’re not coming back. What I mean by that is to not leave items of value assuming you can come by anytime to get them. You should take your personal vital documents (passport, birth certificate, social security card, etc.), items of sentimental value that cannot be replaced (pictures, home videos, gifts, etc.), and all of your desired personal belongings. That way, in the event a trial separation turns permanent and/or ugly, you will have what you need and value most.

When you both got married you both have same rights over that house, when you don’t want your partner to stay with you in the same place then you must have strong reason to kick him or her out of the house.
Basically when we go legally firm this which is considered in this matter is -

  • Domestic Violence - If it’s there in your family, then the court may order to get him from the house, but firstly court will give the order and warning to live properly and behave nicely if you both want to continue for your children’s.

  • Second comes the Divorce- You much have strong evidence about the negative things such as drugs, alcoholic behavior, abusing, cruel or nasty to you.

  • Child Support which is the strongest point to get him out.

    and so many other legal things are also their like settlements n all but i have discuss the basic one here