Having one spouse immediately move out of the family home when a couple decides to get divorced is common, especially if the relationship has devolved into a highly contentious one and there are children living in the home. The decision about which spouse will leave, however, can often pose a challenge. Each of you might want to stay and want the other to leave, and you may even consult with your divorce attorney about having a judge approve a temporary order for your spouse to find alternate living arrangements. Here are some reasons that it may be difficult to force your spouse to leave the home, however.

You Own The Home Together

It's customary for a couple to own the home together. In many cases, both of your names will be in the ownership papers. Even if only one of you owns the residence on paper, a judge may rule that you both reside in the house and you both contribute to the household expenses, which means that you both have ownership. You wouldn't want your spouse to ask you to leave if you feel as though you co-own the house, so you can imagine that he or she would feel the same way if you were to make this demand.

Relocation Can Be A Costly Issue

In the early stages of a divorce when one partner wants the other to leave the house, it's important to avoid unnecessarily spending money. You'll soon be dividing your money and assets, so keeping spending under control now is fair and will make this process easier. If your spouse were to move out, it may have considerable costs associated with it. For example, even if he or she rents, your spouse will need to pay the first and last month of rent, and will also have moving costs to contend with. Having one spouse pay what may amount to several thousand dollars right now will only complicate the division of your money later on.

What To Do Instead

If it's going to be difficult to force your spouse to leave your residence, try to find a solution that will work for everyone. Sometimes, one spouse will be content with temporarily relocating if he or she feels that it's his or her idea; few adults like being told that they "have" to do something. Your divorce attorney may also recommend speaking to a mediator who can help the two of you find a suitable arrangement until your divorce is finalized.

Contact a legal firm, like Stoddard Law Firm, for more help.

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