Can I make my spouse move out of my house?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I make my spouse move out of my house?

My spouse and I are separated and the mortgage to our home is in my name only, her

name is in the deed. She is refusing to pay any monies towards the payment, fighting in front of the children and refuses to leave. Can I force her to move?

Asked on December 23, 2016 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Until you have entered into a formal separation agreement or a final decree of divorce has been issued, the house remains the "joint marital residence". This is true regardless of whose name is on either the deed or the mortgage. What this means is that both you and your wife have equal rights to occupy it. Bottom line, as things stand now, you cannot make her move out. If you do, you can face legal consequences. At this point, you should consult directly with a local divorce attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption