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Can I evict my spouse from our marital home during divorce?

by | Jun 14, 2021 | Divorce, Family Law |

Once you have decided to go your separate ways from your spouse, you may want to begin your separate lives as soon as possible. This can lead many to wonder whether they can evict their spouse from the home they have shared.

Can I remove my spouse from our home?

New York laws are restrictive on the subject of forcing a spouse to leave the house during divorce proceedings, and you generally cannot remove your spouse from your marital home.

It is also important to keep in mind that the courts consider any property acquired during your marriage jointly-owned between you and your spouse, even if only one person’s name is on the title. As a result, your spouse would have a claim to a home purchased during your marriage, and you can only evict them from your home after the court distributes your property and establishes you as the sole owner.

Are there situations in which I can evict my spouse from our home?

While the courts generally will not remove someone from their home, New York law does allow removal under specific conditions. These decisions usually consider the specifics of your life, including the availability of other housing. If one spouse has rented an alternative space, for example, the court may allow the other to remove from the marital home.

If continued cohabitation would be a danger to you or your children’s health and safety, the court may also offer relief. In cases of domestic violence, orders of protection may also prevent a person from continuing to live in their marital home.

If you wonder whether you can remove your spouse from your home during your divorce, you may want to discuss your situation with an attorney.