You have been thinking about filing for a divorce, but you are somewhat hesitant to do so. You are worried about the impact that is going to have on your life, especially since you know that your spouse will likely be unhappy to hear that you are thinking about ending the marriage. Perhaps they are fundamentally opposed to divorce, so you know that this is not going to be an amicable process.
One concern you may have is about your spouse telling you that you have to leave the house if you file for divorce. While you can understand that they may not want to live together during the divorce process, is it really possible for them to kick you out?
You both have a right to live in the home
If you both own your home together, then it is important to remember that you both have a right to live there, and your spouse typically cannot kick you out. They cannot force you to leave. Your name is also on the title, just like theirs. Both of you have an equal right to that property, and neither one of you can override that simply because you do not want to live together during the divorce.
There are some cases in which courts can issue an order telling you that you have to leave the house, but filing for divorce is not one of those cases. The court would have to see some demonstrable evidence that there are safety concerns, for example, such as your spouse claiming that you have been abusive or that they do not feel safe living with you. Otherwise, the choice to live separately during the divorce is entirely up to you.
If you are worried about how your spouse will react to a divorce filing, it is natural that you may be concerned about how the process is going to go. That is when it is so important to understand what legal options you have.