What To Do When a Spouse Refuses To Move Out During a Divorce in Orlando, FL?

Many issues may be challenging when spouses decide to divorce. One of the toughest decisions could be who gets to remain in the marital home during a divorce.

In most cases, spouses who decide to divorce find it impossible to continue living together. However, what happens when a spouse refuses to move out during a divorce in Orlando, FL? Can you force your spouse to leave the marital home?

Why Is Your Spouse Refusing To Move Out of the Martial Home Now That You Are Divorcing?

Spouses have various reasons for refusing to move out during a divorce. Reasons a spouse might refuse to leave home include:

  • The spouse is merely being vindictive and desires to cause trouble
  • The person might not be able to afford to move out
  • The spouse refuses to acknowledge that the marriage is ending
  • A person might think they will lose their right to claim an interest in the home if they move out
  • They do not want to be apart from their children
  • The work from home and moving their residence and source of income is too expensive or not practical

Whatever the reason is for your spouse refusing to move out of the home, you have options. But, unfortunately, those options are limited.

When Can a Spouse Be Forced To Leave the Marital Home Under Florida Law?

You cannot force your spouse to leave the home during a divorce unless you can prove one of two conditions:

You Own the Home

The home must be in your name only and is considered separate property. Separate property is property the spouse owned before the marriage and was purchased solely with the spouse’s money. In other words, your spouse cannot claim the house as marital property.

However, property division can be a problematic issue in divorces.

For example, did you stay home during the marriage to care for your children while your spouse worked? If so, did your spouse make all mortgage payments from the income they earned while working? Your spouse might claim a marital interest in the property because they used their earnings to create equity in the house if that is the case.

That fact might not prevent you from kicking your spouse out of a house in your name only, but you should speak with an Orlando divorce lawyer before calling the police to drag your unwilling spouse out of the house.

Allegations of Domestic Violence

If you or your children are victims of domestic violence by your spouse, you could have grounds for removing your spouse from the marital home. Likewise, suppose your spouse is engaging in abusive behavior toward you or your children or creating a hostile environment that makes living together in the house impossible. In that case, the court might order your spouse to vacate the home.

You need to seek an injunction or a restraining order from the court removing your spouse from the home. Again, your best step is to talk with an Orlando family law attorney about seeking relief from the court. However, if you or your child is in imminent danger of harm, call the police immediately for help.

Does Moving Out of the House During a Divorce Waive My Rights to Property Division?

A spouse might be reluctant to move because they believe moving out means they lose their right to the house. However, that is not the case. If you and your spouse cannot agree to property division, a family court judge divides the marital property based on equitable distribution.

Therefore, gathering evidence proving your interest in the marital home is more important. If your name is not on the deed, but you invested your money in the home, gather evidence proving the investment. Talk with a lawyer about ways you can use this information to claim an interest in the property.

Uncontested divorce proceedings in Florida can be completed quickly in most cases. Therefore, the issue of who gets to stay in the house is settled when the divorce is finalized.

However, some divorce proceedings could take months to resolve. Living together in the same residence during this time could create a hostile environment or, at the very least, an uncomfortable and tense home for children.

It is best if spouses can work out an agreement about who gets to remain in the home while the divorce is pending. If you and your spouse cannot agree on who should move out, talk with a lawyer to learn about your legal rights and options for forcing a decision.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803