Divorce can be a contentious time. Spouses may disagree on some of the most fundamental aspects of the process, including how to co-parent and who should move out while the case is pending. Sometimes, spouses might simply refuse to move out rather than try to reach a reasonable agreement regarding who should stay in the house. An experienced divorce lawyer can walk you through your legal options in this situation.
Reasons a Spouse Might Refuse to Leave the Marital Home
It can be challenging for arguing spouses to decide who should move out of the marital home after they’ve decided to divorce.
Many reasons exist for why spouses may refuse to leave the marital home, including:
- They believe they need to remain in the home to protect their property interest.
- They’re not willing to accept that the relationship is over.
- They are trying to assert control over the situation.
- They are being intentionally difficult or want to act out of spite.
- They want to stay with their children.
- They can’t afford to move out on their own.
- They want to gain leverage for divorce negotiations.
It can be a tense situation when both parties want to remain in the marital home.
How New Jersey Divides Marital Property in a Divorce
New Jersey is an equitable distribution state. If the parties cannot reach a settlement regarding how to divide the property, the court determines how to do it by considering what is fair or equitable under the circumstances.
Marital property is subject to division, which is generally any property that was acquired during the marriage, regardless of how it is titled. Therefore, if the couple purchased the property during the marriage, it may be subject to division, and they both might have an equal right to it.
If the court has to decide who should receive the marital property, it considers relevant factors, such as the length of the marriage, custody arrangements, and the parties’ economic circumstances.
Can I Force a Spouse Out of the Marital Home During a Divorce?
Some people believe that one spouse can be forced to leave the other during a divorce. However, neither spouse generally has the right to do this without a specific court order saying otherwise.
Legal Options if Your Spouse Refuses to Leave the Marital Home
If your spouse refuses to leave the marital residence, you may have various legal options, including the following:
- Moving out of the marital home yourself
- Trying to work out an agreement with your spouse
- Participating in divorce mediation to reach an amicable resolution
- Seeking a temporary court order regarding who should continue to reside in the property
- Requesting an order of protection if domestic violence is involved
Each of these options has different consequences. An experienced family law attorney can help explain your options and recommend the best course of action tailored to your specific situation.
Seeking a Court Order Regarding Your Property
You can seek a court order regarding who should live in the house while your divorce case is pending.
You may be able to seek an ex parte order in emergency situations, such as:
- You need protection from domestic violence and are seeking a temporary restraining order that would remove your spouse from the shared residence to protect you and/or your children.
- Your children need to stay in the home, and removing them from it would constitute an emergency.
- Other emergency situations justify the granting of the order.
An ex parte order is a temporary order that a judge grants based on the testimony of one party without notifying the other party. This order typically only lasts a short time until the court can arrange a full hearing to flesh out the issues.
Contact the Red Bank Divorce Lawyers at The Law Office of Jennifer J. McCaskill, LLC for Help Today
If your spouse is refusing to move out during a divorce in Red Bank, an experienced family law attorney from The Law Office of Jennifer J. McCaskill, LLC can identify your legal options and help develop a strategy to protect your legal rights.
To learn more and get the help you deserve, call The Law Office of Jennifer J. McCaskill, LLC, our divorce & family law firms in Red Bank. NJ are ready for anything. Call us at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
