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If you live in Florida and are about to file for divorce, maybe you are wondering if you can make your spouse move out of the house. The answer is no. There will have to be a very good reason to evict your spouse from the house you are sharing with your spouse. It does not matter whose name is on the title or mortgage.
Contact Your Lawyer In this type of situation, calling your law firm should be the top priority. Inform him of all the circumstances concerning your case and let him come up with the right legal remedies that you may avail in order to enforce your rights.
Listen as Florida attorney Linda Gruszynski explains whether you can evict your spouse from the house if you are getting a divorce. If you live in Florida and are about to file for divorce, maybe you are wondering if you can make your spouse move out of the house. The answer is no.
Whether it is Alabama or any other state in the US, a spouse can't force another to move out of a family home or marital home without court orders. You need an occupation order to remove a spouse from a marital house. The orders are common in cases of domestic violence.
This is a great question. There is an easy answer, which is yes, he can move her in, just like you conversely (and perversely) would have the technical legal right to move back in yourself with both of them, unless and until a judge decides which one of you...
If you have a valid agreement in place that addresses who will stay in the house and who will move out, you have leverage through that agreement for keeping your spouse out. Without such an agreement you may have to get a court order from the judge to keep them out if they insist on moving back in.
Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence. A temporary orders hearing must be held to get such a court order in a divorce.