How to Protect Yourself if Forced to Leave During a Pending Divorce

Being forced to leave the marital home during a divorce and pending real estate settlement is often traumatic. Some states offer protection for those in the midst of the division of marital real property. In those states, unless the court has reason to believe that someone else in the home is in danger, no one can force you to leave the home. However, refusal of one party to leave during a pending divorce often creates problems for the spouse and other members of the household, regardless of who files for the divorce.

Ending a marriage can be miserable for both of you, but your spouse cannot force you to leave your home.

Your Spouse Cannot Force You to Leave

Ending a marriage is rarely pleasant. The division of marital property forces both parties to see the end to that part of their lives. Although you are divorcing, neither spouse has the right to ask the other to leave, especially when both names are on the deed to the property. By leaving the home, you could possibly lose important records that may impact divorce proceedings, especially in community property states. Your records could prove when you purchased an asset, whether before or during the marriage, or after the divorce filing.

In the past, divorcing couples hesitated to leave the marital home during a pending real estate settlement and divorce. The person leaving—often the wife—was then unable to collect alimony. Fortunately, most states no longer allow this. Many people choose to remain in the marital home throughout the divorce and division of real estate for financial reasons. Couples commonly remain in the marital home until assignment of ownership is complete to lessen the trauma and uncertainty of divorce on their children.

Seek legal advice if your spouse tries to force you to leave your home. Know your rights. The laws regarding real estate remain in effect until distribution of the final divorce assets. A reputable divorce attorney will protect your interests.

Legal-Yogi Can Help

Legal-Yogi helps you find the right divorce attorney for your needs. Our widespread network of professionals extends throughout the country. Simply fill out the contact form on our website or call toll-free -800-397-1755 to speak with an expert. They’ll assess your needs and refer you to the most appropriate divorce attorneys in your area.

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