I Want My Spouse to Move Out but They Refuse: What Can I Do?

young woman looking upset packing boxes at home

There are a variety of options depending on your specific circumstances. We understand that with separation and divorce, living in separate households can be a difficult subject and can become expensive. At the Law Office of Shelly M. Ingram, our attorneys and mediators have a goal to listen to you and create options that meet your needs.

What Are My Options?

If there is an allegation of domestic violence, you can immediately petition the Court for the other spouse to be removed from the marital home. This option requires court action. At the Law Office of Shelly M. Ingram, we represent both those who have been abused, as well as those against whom abuse has been alleged.

You may also file a divorce action and ask the court for exclusive use and possession of the home. Again, this requires court intervention. It can be difficult to get the court to allow one spouse to move out, depending on the circumstances, and the vast majority of magistrates and judges throughout the State of Maryland often do not like to remove someone from a house if both spouses are living there together at the time of the hearing unless necessary. It is important to let us know all of the facts, so that the attorneys at the Law Office of Shelly M. Ingram can assist you in determining whether this is an option for you.

If the home is titled solely in your name, you may be able to file a legal action to remove the other spouse, as if that spouse was a renter. Again, in certain jurisdictions, this is a viable option.

You can also file for divorce, move out of the marital home temporarily and then ask the court to grant you a return and use and possession of the marital home.

In certain circumstances, moving out may actually be the best option. Even though it can be a difficult and expensive adjustment, looking to the future it may be the best alternative. At the Law Office of Shelly M. Ingram, we can help you strategize how to ask for alimony, child support or other relief to assist you in moving out, if that is the only way you will be able to move forward with your divorce.

What Process is Best for Me?

We know that traditional litigation isn’t the best choice for every client. Sometimes, a client can use mediation, the collaborative process, or attorney assisted negotiation to help you resolve the dispute. We help you decide which process is right for you. Then we can guide you through each of these processes, giving you advice along the way and helping you prepare properly.

Our office offers in-person and virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a consultation with one of our attorneys if you have additional questions or would like to discuss your options in more detail.

Categories: Divorce