As long as your divorce hasn't been finalized, both of you have a right to continue using or living in your marital home. Therefore, if you want sole use of the home during this period, you need the court's help to get your partner out of the home. Here are three things you will need to prove to get your partner out of the home while the divorce is pending.
1. You Have a Legal Right to the Property
First, you need to prove that you have a legal right to the property from which you want to kick out the other person. You can do this by proving that the property is your personal property or your marital (meaning joint) property. This is because you don't have the right to kick your partner out of their separate property.
For example, if you bought a home together and you have been living in it for a decade, then you may be able to get your partner kicked out while the divorce is pending. However, you cannot kick your partner out of a vacation home they inherited from their grandparents.
2. Your Partner Has Abused or Threatened To Abuse You
Secondly, you also need to prove that your partner has abused, is abusing or has threatened to abuse you or the kids. These are the only threats that allow you to kick your partner out of the house. You cannot kick out your partner, for example, because they have been unfaithful to you or because they don't like your parents.
Here are some of the abuse or threats of abuse that may provide enough grounds to get the court to kick out your partner:
- Your partner has physically assaulted you
- Your partner has been violent with the kids
- Your partner has been using illegal drugs in the presence of the children and encouraging them to do the same
- Your partner has threatened to beat you up if you don't hand over your paycheck to them
3. You Would Suffer If Your Partner Wasn't Expelled From the Home
Lastly, you will also have to prove that you or your kids stand to suffer if your partner is allowed to stay in the same home as you. For example, if your partner is engaged in criminal activities and is exposing your kids to the same, then you may be able to get them kicked out by proving that the criminal activities may harm your children. Note that this includes both physical and emotional harm to you or the children.
For more information, contact a company like Law Offices Of Harry G Lasser.