Getting Your Spouse to Move Out of the House

Getting your spouse to move out of the house may be more difficult than you would hope. However, there are certain circumstances that warrant the court to order a spouse to move out of the house during a divorce proceeding. For example, if you have filed for divorce and suffer from domestic violence, you may seek a move-out order. Below is a list of methods that you can use to get your spouse to move out of the house during your divorce. Read on to learn more  about ways of getting your spouse to move out of the house.

How to Get A Spouse To Move Out During Divorce Using Mediation

You should first try to discuss the issue with your spouse before allowing the court to interfere any further with your personal affairs. Sit down with your spouse and discuss your concerns with him/her remaining in the home. In addition to discussing your concerns, listen to his/hers as well. Try to work together to reach an agreement on the best way to have your spouse move out. For example, your spouse may feel that if he/she moves out, he/she may lose time with the children. Establish a child visitation plan that suits everyone’s needs.

If you are unable to reach an agreement, consider hiring a mediator. The mediator will act as a third party neutral in helping you and your spouse reach a resolution. Mediators are skilled in fostering communication between divorcing couples.

Compromise as Alternative to Getting Your Spouse To Move Out

If your spouse still decides not to move out, then the two of you may be able to compromise and develop a plan that allows you both to dwell within the house pending the outcome of your divorce. There may be viable alternatives other than getting your spouse to move out of the house that you have not yet considered. In some circumstances, it may be more cost effective for both parties to move from the family residence and rent the house out until the assets can be divided. For other families, dividing the house between the two parties and sharing the expenses may seem a better, more economical alternative than the financial burden of supporting two separate households.

Obtain A Move-Out Order to Get Spouse Out of House

Move-out (kick-out) orders are granted in situations where domestic violence is occurring. The order is issued to protect the spouse and children from the abusing spouse. There are certain legal requirements that must be satisfied to get a move-out order:

Ex Parte, Emergency Move-Out Request

California Family Law Code section 6321 states the following in obtaining an ex parte move-out order:

The court may issue an ex parte order excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child to be protected from domestic violence for the period of time and on the conditions the court determines, regardless of which party holds legal or equitable title or is the lessee of the dwelling.

The court may issue an order under subdivision (a) only on a showing of all the following:

(1) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises.
(2) That the party to be excluded has assaulted or threatens to assault the other party or any other person under the care, custody, and control of the other party, or any minor child of the parties or of the other party.
(3) That physical or emotional harm would otherwise result to the other party, to any person under the care, custody, and control of the other party, or to any minor child of the parties or of the other party.

Regularly Noticed Motion Move-Out Request

California Family Law Code section 6340 states the following in obtaining a noticed move-out order:

The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner and the children for whom the custody or visitation orders are sought. If the court makes any order for custody, visitation, or support, that order shall survive the termination of any protective order. The Judicial Council shall provide notice of this provision on any Judicial Council forms related to this subdivision.

If you are in immediate danger from your spouse, contact the police. The police will take the abuser into custody and can issue you a temporary restraining order. You can file an ex parte request for a move-out order. Once your ex parte order is granted, this will give you time to get a permanent restraining order and move-out order.

Contact A People’s Choice for more information on ways of getting your spouse to move out of the house or how to obtain a court move-out order. A People’s Choice has provided low-cost legal document preparation services for filing in all California courts for over 35 years. Call us at 800-747-2780 for immediate help.

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By |2018-01-18T15:47:31+00:00June 28th, 2015|Family Law|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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