Can I be Removed from the Marital Home While the Divorce is Pending?

More and more people are living together while they go through a divorce. This is because courts are hesitant to remove a person from the marital home if they are on the lease or their name is on the deed of the house. Even if they are not on the deed, the spouse still has a marital interest in the property so it is very unlikely they will be removed from the home until the divorce is complete.

As with almost everything else, there are exceptions. The biggest exception is if an act of domestic violence occurs. When there is a temporary or final restraining order, the defendant is generally removed and barred from the marital residence. Another exception could be if one spouse leaves the marital home for an extended period of time, the other could make an application to the court for exclusive possession of the home. At that point, it is likely a judge would grant their request. It is important to note that if one spouse is removed from or vacates the marital home while the divorce is pending, they do not lose their equitable interest in the property.