Founding Partner

“So can you kick your spouse out of the house?

If you want to do that one would have to assume that you’re separated or maybe you should be separated. The short answer is that you probably can’t unless you get a restraining order. What do I mean?

If you apply for a restraining order, you can request a kick-out order, a removal order, and they can actually be removed during the pendency of the restraining order from the house and they can’t come within typically 100 yards of the house.

If not, it’s a much more difficult issue because (probably) there’s a community interest in wherever you’re living, meaning in the lease agreement or in the home itself. It’s community. Someone has a right to be in their property. Someone has an expectation to be in their property, so barring a restraining order, you typically cannot get the other spouse out of the house.”