Can I Kick My Spouse Out Of The House?

By Gerald A. Maggio, Esq.

Orange County divorce mediator;s California divorce mediatorsBuilding a relationship based on love and trust is one of the hardest, most arduous tasks in the world, yet it is the breaking of the bond of marriage i.e. a divorce, which can be even tougher. Divorce is one of the last options that couples can turn to when they can no longer save their relationship. The process of divorce, however, in most cases, is likely to take a bit of time with the process going on for weeks or even months in the Orange County family law courts.

In the time between filing a divorce and the decision of the divorce coming, the dealings in between spouses can tend to be ones that have an increasing level of discomfort and uneasiness between the spouses. A situation like that is particularly compounded when through the process of getting an Orange County divorce; the spouses live in the same house.

Thus there are often question asked in this regard by annoyed spouses who can no longer tolerate the presence of the other spouse. They ask whether they can kick their spouses out of the house. That is easier said than done, because in the absence of domestic violence, the court will generally not kick out the other spouse where the parties both own the home.

Here is a lowdown on the answer to that question in a bit more detail:

How to Kick the Spouse Out on Emergency Basis?

To be able to get a good measure of how this is possible, we need to take a look at what the law says in this regard. According to the California Family Code Section 6321, the court can issues and ex parte order that will allow them to exclude a party from a dwelling irrespective of who owns the property as long as the person who has care and custody of the child is being protected by this order.

For such an exclusion to happen though, the court needs to be shown either of the three things to make sure the other spouse is excluded. These three things are:

  • The proof that the property making the claim to oust the other party from the dwelling under the law has the right to possession of the premises.
  • The proof that the party that is being asked to be excluded has threatened or assaulted any other party, or child, with either of the parties.
  • The proof that the presence of this party is likely to result in emotional, mental, or physical harm.

How to Kick the Spouse Out on a Non-Emergency Basis?

The availability of the process to kick the spouse out of the house is not only limited to emergency situations. In non-emergency situations, the process is similar to the one in emergency situations only that in normal situations a threat of violence, mental, physical, or emotional damage still needs to be proven to the judge.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”