What can one spouse do legally to prevent a forced eviction by the other spouse during the early phases of a divorce?

UPDATED: Oct 1, 2022

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What can one spouse do legally to prevent a forced eviction by the other spouse during the early phases of a divorce?

Is it possible to file for custody of the home to prevent forced eviction? Are there necessary grounds for such a filing?

Asked on September 7, 2017 under Family Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The family court can issue an order preventing this: one spouse may not evict another spouse from the home they lived in as a married couple. Eventually, during the divorce, who can still live there will be determined, but until it is determined in a divorce case, neither spouse can lock out the other. If a divorce case has already been filed, make a motion in the case (using the case's docket number) for an order barring the lock-out; if a divorce case has not yet been filed, file the case, to bring the court into the matter and give the court jurisdiction (power) over the matter.
If possible, hire a family/divorce law attorney to help you; but if you can't afford one or really want to do this yourself, get a copy of your state's rules of court (you should be able to get one on-line) and also ask the family law clerk for filing instructions.

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 AttorneyPages.com 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.

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