Protecting Your Tomorrow

Can I make my spouse move out of our home?

On Behalf of | May 9, 2025 | Divorce

Going through a divorce or separation can already be hard enough without the added tension of sharing a home. When emotions are running high and questions of who gets to stay and who gets to leave pop up, it can quickly become a major source of conflict.

Whether you’re dealing with daily arguments or just need the space to move forward, you may be wondering if it’s possible to ask your ex to move out. The answer depends on a few key factors, and understanding your options is your first step towards peace of mind.

Understanding your options

If you rent and your name is the only one on the lease, you generally have the right to ask the other person to move out. In most cases, you can also take legal steps to have them removed if they refuse. However, if you’re still legally married and both names are on the lease or deed, neither of you can force the other to leave without a court order. However, temporary arrangements are often possible through mutual agreement.

In many cases, it’s best to start with a conversation, ideally one guided by a legal counselor or a neutral mediator. A calm, structured discussion can lead to a fair compromise that avoids the time, stress and cost of courtroom battles.

If negotiations break down or safety becomes a concern, you may need to seek legal remedies such as a temporary restraining order (TRO). But for most people, aiming for a practical solution through respectful dialogue and professional support can lead to a more lasting and peaceful outcome.

Each situation is unique, and navigating shared housing during a separation can be complicated. If you’re unsure of your rights or how to move forward, speaking with someone who understands the process can help you find a clear and balanced path ahead.