Can a spouse get an order excluding their soon to be ex from living in the marital residence once a divorce is filed? Or as I usually hear it: “Can I kick my husband/wife out of the house?”
Well – it depends.
While a Connecticut divorce is pending, either spouse may file a Motion for Exclusive Possession of the Marital Home/Residence. There are no specific factors that a court must take into account when ruling on such a motion. However, courts will usually consider the following:
1. Are children involved? Is there tension and hostility in the home environment that is negatively affecting the children? If so, courts will weigh this heavily.
2. Is it economically feasible for the spouses to maintain separate households? Perhaps the spouse being asked to leave has a temporary place to live – maybe even with a relative at little or no cost. But, if there are limited financial resources, courts may deny the motion unless significant psychological or physical harm can be proved.
These two considerations are often a matter of degree.
How tense and hostile is it? Courts understand that spouses going through a divorce are not always amicable. Simply not “getting along” will not suffice.
What are the true financial circumstances of the parties? The court will weigh the need and immediacy of excluding one spouse against the corresponding economic consequences.
A few thoughts:
If there is the “continuous threat of present physical pain or physical injury”, a restraining order should be considered.
It does not matter whether the residence is owned or rented. Nor does it matter who is on the deed or the lease.
The Motion for Exclusive Possession is a temporary measure to alleviate tension and to protect children and spouses. The court has the authority to enter different orders, including the sale of the residence, at the time of the divorce.
Please contact me to discuss exclusive possession of a residence in a Connecticut divorce.