If your spouse files for divorce, they may also tell you that you need to find somewhere new to live. This is especially common if they blame you for the divorce or if there is a high level of conflict. They will find it too stressful to keep living together until the divorce has been finalized.
But from your perspective, can they actually kick you out of the house? You may be concerned about finding another living situation, especially on short notice.
Are you on the title?
First and foremost, who owns the home? In many cases, both spouses will be on the title. They will both be on the mortgage paperwork. The home is a marital asset that they purchased together.
In a situation like that, it is important to remember that both people do have a right to live at that property. Your spouse cannot legally kick you out just because they find being around you stressful. The two of you would have to mutually agree to live separately.
Is there a court order?
One potential exception to this is if your spouse has obtained a court order mandating that you have to leave the house. You do have to honor this order, even if you are on the title.
But court orders are typically only issued in extreme situations. Maybe your spouse can provide credible evidence of abuse or prove that they believe they would be in danger living with you, and so the court order is set up to give them safety and security. These cases are rare, but if the court does order that you have to live outside of the home, you must follow that order.
Addressing a complicated divorce
If you are having these types of questions in the lead-up to a divorce, odds are that things will become rather complicated. It can help to work with an experienced divorce attorney to explore your rights and your options.