Can You Make a Spouse Move Out During Divorce?

The divorce process is Nevada may proceed quickly provided you and your spouse are in agreement on the legal issues involved in dissolving your marriage. However, even in a best case scenario, there may be several weeks or several months between the time when you decide to end your marriage and the time when you are legally divorced.  During this time period, you may be very uncomfortable with the idea of continuing to share your family home with your spouse.

Because of the difficulties of living together once you have decided not to remain married, many people wonder if it is possible to make a spouse move out during divorce. The answer to this question is usually no. However, there are some exceptions and there may be certain circumstances under which it is possible to make your spouse leave your shared house. An experienced Las Vegas divorce and family law professional can provide you with advice and assistance on when it is possible to make a spouse move out during divorce. Your attorney can also help you on all issues related to property, child custody and division of assets during your divorce. Call Pintar Albiston today to speak with a legal professional who can help you.

Make a Spouse Move Out During Divorce

Nevada is a community property state. This means that if you and your spouse acquired any assets or any property while you were husband and wife, the property is considered to belong to both of you. Your home, therefore, belongs to you and your spouse together. This is true even if you were the only one earning a living and if you paid the mortgage. This is also true even if you were the one that wanted to purchase the house. However, if one of the two spouses owned the home prior to marriage and it was not commingled with marital assets, then the house may belong only to the spouse who was the original owner.

Unless you owned your home before marriage and your spouse did not contribute to improving or paying for it, you generally will be unable to make your spouse move out during divorce. He or she has just as much of a right to the home as you do. In fact, if your spouse does move out and you stay, your share of other marital property may be reduced during the divorce to account for the benefit you got from remaining in the home while waiting for the marriage to be dissolved.

There is an exception to this general rule in limited cases if your spouse is being abusive to you or to your children. You may be able to get a protective order and, if so, your spouse could be required to leave the family home.

An experienced Las Vegas divorce lawyer can help you to determine what should happen to your family house during divorce, and can assist with negotiating a settlement that allows for fair distribution of all assets including your home. Call Pintar Albiston today to schedule a consultation and learn more.