Can I Kick My Spouse Out of Our Shared Home During Divorce?

 Posted on March 03, 2022 in Divorce

Most couples that separate or divorce live in separate homes while the divorce is ongoing. However, some spouses refuse to move out—even if the marriage has become intolerable. If you are seeking a divorce and your spouse refuses to leave your home, you may wonder if you can kick your spouse out or have them evicted. In Illinois, a spouse may be able to seek exclusive possession of the marital home under certain circumstances. Read on to learn more.

Evicting a Spouse Through a Motion for Exclusive Possession of the Marital Residence

Divorce is usually a tense process, but sometimes that tension escalates to a point that is unsafe. Hostility during divorce can damage the mental wellbeing of the spouses and their children.

If living together in the same home as your soon-to-be-ex-spouse has become intolerable and he or she refuses to move out, you may be able to file a motion for exclusive possession of your home. If granted, the order will force your spouse to move out.  However, Illinois courts only grant motions for exclusive possession if there is legitimate danger to either spouse or the children. Mere tension, awkwardness, or stress may not be satisfactory reasons.

Situations Involving Abuse and Domestic Violence

Unfortunately, divorce can sometimes cause abusive spouses to escalate abusive behaviors. Victims of abuse may be able to get exclusive possession of their home through an order of protection. According to Illinois law, abuse is not only defined as physical violence like hitting or choking. Abuse also includes:

• Harassment – Verbal abuse, threats, and stalking-like behaviors may be considered abuse for the purpose of an order of protection in Illinois.
• Interference with personal liberty – Isolating someone from their friends and family or refusing to let someone come or go as they please may be considered abuse.
• Intimidation of a dependent – Abusing a dependent person or forcing them to be witness to abuse may necessitate an order of protection.
• Willful deprivation – Depriving a protected person of food, water, medical devices/medication, or medical care is also abuse.

If your or your child have been abused by your spouse, consider getting an order of protection. An order of protection can require the spouse to move out of the home, cease contact with you and/or your children, surrender firearms, and more.

Contact an Arlington Heights Divorce Lawyer

You may be able to get exclusive possession of your home through a motion for exclusive possession or an order of protection. Rolling Meadows family law attorney Donald J. Cosley can help you explore all of your options and advocate on your behalf throughout your divorce. Call 847-253-3100 for a free consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K501.htm