The Law Office of Jeffrey Jones

We Can Help You Get Through This

Can you legally compel your spouse to move out during a divorce?

On Behalf of | Oct 3, 2024 | Divorce, Property Division

Divorce brings a whirlwind of emotions and decisions. For many couples, continuing to share a home during separation can prove challenging, maybe even toxic.

Individuals in this situation may want to remain in their shared home and get their spouse to leave. However, they may not know their rights or how to proceed. Understanding the available options can help you navigate this stressful time more effectively.

Options for separate living spaces

Tennessee law doesn’t automatically allow one spouse to force the other out of a shared home. However, certain situations may lead to changed living arrangements:

  • Domestic violence: An Order of Protection can require an abusive spouse to leave the home.
  • Court decisions: A judge may grant one spouse exclusive use of the property.
  • Temporary arrangements: You can request court orders about housing during the divorce process.
  • Mutual choices: You and your spouse can agree on separate living spaces outside of court.

Each option has its own considerations. Your specific circumstances may determine the best approach for your situation.

Avoiding legal pitfalls

Taking drastic actions without legal backing can harm your case. Steer clear of these missteps:

  • Changing locks without proper authority
  • Removing your spouse’s belongings from the home
  • Using intimidation tactics to make your spouse leave

These actions could negatively impact your divorce proceedings. Instead, focus on legal solutions or explore compromise options like dividing living spaces within the home if feasible.

Addressing living arrangements during a divorce in Tennessee requires careful thought and often legal guidance. A family law attorney can help you understand your rights and make informed decisions about your living situation as you move through this difficult transition.