You owned the home before marriage and the home is titled solely in your name.
In this scenario, the home is your separate property. As such, you are within your legal rights to ask your spouse to leave. If, upon request, your spouse does not leave the house, speak with your attorney. Your attorney may choose to file a motion for exclusive possession of the home, essentially allowing you to force your spouse out of the home. Please be aware, however, that your spouse may be awarded a portion of any appreciation in the value of the home during the time of the marriage.
Your spouse owned the home before the marriage and the home is titled solely in your spouse's name.
In this scenario, the home is your spouse's separate property; therefore you cannot ask your spouse to move out. On the other hand, your spouse can ask you to leave and can even have the court order you to leave. Consult with an attorney. You may be able to convince the court to allow you to stay in the home temporarily. Additionally, you may also be awarded a portion of any appreciation in the home gained during the marriage.
The home was purchased during the marriage and/or the home is jointly titled.
In this scenario, the home is marital property. You may not exclude your spouse from the marital home without a court order. If you want to make your spouse move out of the house before the divorce is final, it would be wise to speak to your attorney about filing a motion for temporary exclusive possession.
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