Being "Forced" From Marital Home

[Ohiogal]

Then you both have the right to ask for exclusive use of the marital home.

Would the spouse be able to refi?

Even if one was not on the deed they could still ask for exclusive use of the marital home during the pendency of the divorce. The court could grant or deny it based on a variety of things: children and where they would be and who would have custody primarily, if either party has somewhere else to reside, if either party has the funds to get another place to reside, if either party wants to live there, if either party has the ability to afford the expenses (including temporary child and spousal support possibilities), and various other things.

Who is on the deed doesn't matter for TEMPORARY orders regarding who would get to stay in the marital home.

 

[Ohiogal]

Need, ability to refinance, anything else the court wants to consider.

Ability to refinance doesn't matter for TEMPORARY orders.

 

[Proserpina]

Ability to refinance doesn't matter for TEMPORARY orders.

I shall go back to the ID channel. Not for naughty purposes of course. Just for edumacatin' my good self.

 

[jazz99]

Even if one was not on the deed they could still ask for exclusive use of the marital home during the pendency of the divorce. The court could grant or deny it based on a variety of things: children and where they would be and who would have custody primarily, if either party has somewhere else to reside, if either party has the funds to get another place to reside, if either party wants to live there, if either party has the ability to afford the expenses (including temporary child and spousal support possibilities), and various other things.

Who is on the deed doesn't matter for TEMPORARY orders regarding who would get to stay in the marital home.

To be clear, I am not trying to force her to leave. But, I do not want to leave either - I want to live there. We would have shared custody. Not sure either of us have the funds to get another place actually. I do make more money than her and would likely have a greater ability to afford the expenses on the home if I were living there, theoretically.

 

[OHRoadwarrior]

Then try to make it work as housemates. The longer you work together, the more assets you both end up with.

 

[LdiJ]

If both spouses are in agreement then I don't think you can be forced from your marital home. Your best bet is to talk to a lawyer in your home state of course. Good luck with this!

Thane, this is a very active forum and you are reviving threads that are long over and done with. If a thread is more than a week old, there is not really any point in responding to it.

 

[latigo]

What is the name of your state (only U.S. law)? Wisconsin

Can one spouse be "forced" to leave the marital home when there are no issues of abuse or anything related? If both spouses want to stay while divorce is pending, do courts in Wisconsin "order" one person to leave and if so, how is this determined? There are children in this case, but no contention of placement. It would be 50/50 once all is settled. Or, do the courts simply not order either spouse to leave and they have to either co-exist in family home or one party has to choose to move out?

Yes. During the pendency of a complaint or petition for dissolution of marriage one spouse can definitely be "forced" to temporarily remove him or herself from the marital home. And it makes no difference if the home is marital property or the separate property of either spouse.

Also, contrary to what you have been told, one or the other's ability to "refinance" is not relevant in a pendente lite * hearing on the right of one or the other to temporarily occupy the marital home!! Neither that or the ownership are issues to be resolved at that stage of the divorce proceedings

HOWEVER, except in cases where exigencies demand of it, a spouse cannot be legally ordered to vacate the family home, even temporarily, in the absence of due process of law. Which means that the affected spouse must have the opportunity to address the issue in a court of law. Even in the case of an ex parte order the affected spouse must quickly have the opportunity to be heard in court. Having that opportunity is the essence of complying with due process of law.
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As far as the issues that will be heard and considered by the court in such a pendente lite hearing, they can vary considerably. Customarily where there are minor children involved and no convincing evidence that the mother is unfit to care for them, the court will grant the mother the temporary and exclusive right to occupy the home along with her children. It is just a fact of life.

It would be most unusual for the wife seeking temporary custody and use of the marital home to be ordered to abandon it.

But there are no set rules from which to predict an outcome. Plus a family court judge is conceded a great deal of latitude in exercising judicial discretion. What you need to do is to speak with a family lawyer. Or best seek marriage counseling. It is cheaper.
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[*] Pendente lite - Latin meaning pending litigation.

 

[Proserpina]

If both spouses are in agreement then I don't think you can be forced from your marital home. Your best bet is to talk to a lawyer in your home state of course. Good luck with this!

Do they teach a lot of US law in Canada, or just a little bit?

Or none?