Join Date: Feb 2016
Location: Where have all the friends gone? Where is Red Dog? Why is the Red Queen raising an army?
Re: Who gets pushed out of the house?
Prefacing note: This question does not pertain to my marriage.
I read this.
The skimmers, late comers.
They will still give their opinions.
And their condolences, to you.
Ad nauseam, until they turn blue.
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Evicting a Spouse From The Family Home During Divorce
by FreeAdvice staff
During a divorce, something that is generally considered a co-owned marital asset such as a home is still considered to be the property of both spouses, regardless of who pays for what, or whose name is on what legal documents. Therefore, it probably isn't legally possible for a person to evict his or her spouse from the home during divorce proceedings in any state. In some states, however, it may be possible to evict a spouse during a divorce if there are allegations of abuse or other special circumstances apply.
Eviction May Be Possible if The Home Is Separate Property
While many courts generally prohibit one spouse from evicting the other, such an eviction may be possible when the home is clearly owned by one person and not the other. However, this is more than likely not the case since the home is almost always automatically considered a marital asset. In order to show that the home belongs to one spouse, the spouse wishing to retain the home and evict the other will need to present evidence that the home is clearly separate property.
In a community property state, the home would only be considered separate property if it were acquired by the spouse prior to the marriage or as a gift or inheritance. Otherwise, all other income and assets gained during the marriage is assumed to be community property owned by both spouses.
In a common law property state, it might be even more difficult to show that the house is separate property, and it might matter less because showing the property is separate may not be enough to evict the other spouse. Common law property states use equitable distribution to divide property, which can sometimes include distributing one spouse's separate property to the other spouse to ensure a fair division based on needs of both the spouses and other factors.
This....This is the nub of the stick that pokes me in the eye when the light of day energizes my optic nerve....SunCMars.... The Allegory of the Cave--> On this, I did a '180' and stepped out. The Lion in Winter. Invictus..By Will, Shall.
The Host, Rd is ill, any years left, remain now, in doubt? Red Dog is now lost to us.