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Can you legally prevent your spouse from living in your home?

On Behalf of | Dec 3, 2020 | Domestic Violence Charges |

Whether you have a domestic violence situation or you want to file for divorce and wish for your spouse to leave your home, you may wonder if you have a legal right to prevent him or her from living in the house. 

The first thing to know about this situation is that it is a civil matter and not a criminal one, so you will likely not get any help from officers if you call them. They cannot keep your spouse out of your home unless you have a protection order in place. You essentially want to evict your spouse, which means that tenant laws apply. 

Just like an eviction

In general, the Atlanta Journal-Constitution explains that you will have to follow the law on evicting a tenant even with your spouse. He or she has an established residency there. You have to show that you are the legal and sole owner and he or she has no legal ownership rights. You also will have to prove why you have the right to evict. None of this will be easy, and it will not be possible if you own the home together as you both have equal rights to the home. 

A tricky situation

Evicting your spouse is a very tricky situation not likely to work out unless you divorce and have a final divorce decree awarding you sole ownership and property rights to the home. Prior to that, you will probably have to learn to live with your spouse as you cannot legally make him or her leave since it is also his or her legal residence and you have no legal right to remove him or her.