Can I force my spouse to move out of our shared home?
April 23, 2024 | 40,00 EUR | answered by Alexander Hartmann
Dear Sir or Madam,
My name is Tina Stolzheim and I find myself in a difficult situation. My spouse and I have decided to get divorced, and we are currently still living together in our shared apartment. The atmosphere is very tense and I am increasingly feeling uncomfortable in this situation.
However, my spouse refuses to move out of the apartment, even though we both know that it would be better for both of us if one of us found a new place to live. I am worried about my well-being and emotional health, as the tensions between us continue to escalate.
Therefore, I am wondering if I can force my spouse to move out of the shared apartment. Are there any legal options or measures I can take to find a mutually agreeable solution? Or do I simply have to accept that my spouse does not want to move out and continue to live in this stressful situation?
I would greatly appreciate your expert opinion and possible solutions to this issue.
Sincerely,
Tina Stolzheim
Dear Mrs. Stolzheim,
I understand that the current situation feels very burdensome for you and that you are looking for a solution to free yourself from this unpleasant situation. It is important that you do not feel alone in such an emotional situation and seek professional help to explore legal options and find a solution that is acceptable for both sides.
Regarding your question about whether you can force your spouse to move out of the shared apartment, there are legal options that you can consider. Firstly, it is important to know that in case of a divorce, there is generally no obligation to move out of the shared apartment. Both spouses have a right to the shared living space as long as the marriage exists.
However, there are certain situations in which one spouse has the right to exclude the other from the shared apartment. For example, if there is domestic violence involved or if the atmosphere in the apartment is unbearable. In such cases, you can file a request for an interim order at the Family Court to force your spouse to leave the apartment.
It is important to note that the decision of the Family Court depends on the specific circumstances and is not guaranteed. The court may also decide that both spouses must temporarily stay in the apartment until a final solution is found.
Therefore, it is advisable to consult with an experienced divorce lawyer to discuss your specific situation and explore possible legal steps. A lawyer can help you defend your rights and find a solution that is acceptable for both of you.
I hope this information was helpful and wish you success in dealing with this difficult situation.
Sincerely,
Alexander Hartmann
