I’m the Only One on the House Title; Can I Evict my Spouse?

You’ve had it.

You’re done.

You want a divorce.

And you want your spouse to leave the house.

This makes sense because you bought the house before you got married, and you’re the only one on the title.

In other words, this is your house, and you want your soon-to-be ex out.

Can (and should) you evict your spouse from your home?

In short, the answer is no, and here’s why.

Legally, you can’t evict your spouse from the marital home.

You can’t evict (eviction is a legal proceeding) your spouse from the marital home you’ve been living in. Yes, I know, you bought the home and you’re the only one on title. It’s your home. Legally, it’s not that simple. Your spouse may well have claim to some of your home’s equity for the time you are married. Also, your spouse has a possession interest in the marital home until the divorce is finalized. No eviction here.

The police are not going to help you evict your spouse from the home.

If you were to not actually evict your spouse, but, instead, try to call the police and have them help you remove your spouse from the marital home, you’d find the police unwilling to do anything. They’re going to tell you to, “Go to divorce court and talk to a judge.”

You’ll look like a bully when you get divorced and go to court.

Think about it: if you throw your spouse out of the home, essentially making your spouse homeless, how do you think that will look to your divorce judge? The answer is: not good.

Same principle goes for cell phones, cars, health insurance, utilities, etc. Do not take or cut your soon-to-be ex off from any of these things. It will come back to bite you hard when you go before a judge in divorce court.

So, how can you get your spouse out of your home?

There are two legitimate and effective ways to make your spouse move out of the home.

First, go to court for temporary orders. Temporary orders are orders the court puts in place right now that people have to live with until the end of a divorce.

In temporary orders, you can ask the court to have your spouse move out of the house.

Second, finish your divorce. The best way to ensure your spouse leaves the home is to finish your divorce. The quickest way to make that happen is almost always through mediation.

Excellent

Brown Family Law

Based on 938 reviews

See all reviews

bjenness79

I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.

Barbara Thayer

Could not help with my case but referred me to someone who could .

Trisha Caldwell

Clay Randle was great and I would highly recommend him for an attorney.

Danny Caine

Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

Joseph Hutto

I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

Natalie Warner

Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

Dusty Boyer

I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!

Natalie Lewis

I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!