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.

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Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

Jessica Lance

Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

Amy Christensen

This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.

Kenzie Murphy

Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.