The short answer to the question of “Can I or should I force my spouse out of the house” is a resounding “No!” In California, there can be consequences if your spouse is forced to leave their home without adequate financial support.
Why You Should Not Force Your Spouse Out of the House
There are quite a few reasons why you should not pressure your spouse out of the house. Here are some of those reasons:
- California is a community property state which means that if you and your spouse own your home together, it belongs to you both. You each have an ownership in the house. There may be exceptions to this, such as if the home is the separate property of a spouse who purchased the home prior to the marriage, but this issue is likely one that needs to be decided by the court or by coming to an agreement between you and your spouse.
- The only legal way to get your spouse out of the house is with a court order. You can get a court order if:
1) you can prove the home is your separate property; or
2) you can prove to the court that there has been harm to you caused by your spouse warranting a Domestic Violence Kick Out order.
Alternatives to Forcing Your Spouse Out of the House
It is difficult for spouses to live in the same house during the divorce process no matter how peaceful the process may be. Some solutions may include:
- A less stressful idea is to move out of the house yourself in order to avoid immediate conflict. You will not lose any financial interest in the house by moving out.
- Meet together with a mediator and or decide on a Collaborative Divorce. The mediator or a collaborative team can help you explore different living arrangements, help you work out a budget to see how your finances can support two households. If your current situation won’t allow, and you own the house, you may need to sell it to allow a workable division.