10 Ways How to Get Your Spouse to Move out During Divorce

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Imagine being in a situation where the relationship feels unfixable, and space is the only solution—but your spouse refuses to move out. You’re emotionally drained and the tension in the house is unbearable. 

How to get your spouse to move out without escalating conflict?

You might wonder, “Can I have my husband removed from the home legally?” or “How can I get my husband out of the house if he refuses to leave?” If you’ve found yourself thinking, “I want to separate from my husband but he won’t move out,” you’re not alone. 

It’s a common dilemma and there are solutions.

This article will guide you through 10 sensible ways to handle this difficult conversation. From legal advice to respectful negotiations, you’ll find strategies that can help both of you move forward without unnecessary drama. 

Should a spouse move out during a divorce?

There is no absolute answer to this question, as it depends solely on the couples and their unique circumstances. Situations like this are never clear-cut! Living under the same roof with a soon-to-be ex is not ideal for most couples.

However, various factors can determine how to get a spouse to move out during a divorce, and if a spouse should move out. They can include:

• Domestic violence

Spouses, either emotionally or physically abused, should take the necessary steps to protect themselves and divorce when it’s time to leave, even if that includes making the abusive spouse move out. Domestic violence is one important factor that determines if a spouse should move out during a divorce.

In cases where your spouse physically abuses you and your kids, you can seek an injunction or a protective order.

The court can order the abusive spouse to leave the house and stay away from you and the kids. If the abuser is the husband, the court can get the husband out of the house.

• What’s best for the child

Most spouses prefer to endure the divorce process in their home because of the adverse effects on their child. The partner can argue that remaining at home is a better option than disrupting the child’s life.

Also, both spouses can reconcile after one party has moved out, disrupting the child’s life again. The absolute truth is no one knows if choosing to stay or leave will be the best for the marriage except for the couples.

However, it’s always better for the couples to discuss and come up with an amicable solution that is best for the family.

Can you get your partner evicted during a divorce?

Can you kick your spouse out of the house forcefully? No, you can’t. Both spouses have the right to stay in the house, and no one can forcefully remove a spouse from the house.

On the other hand, can you lawfully evict your spouse? Well, yes, you can with moving during divorce rules.

The court is an excellent answer to how to get a spouse to move out during a divorce. It is essential to know that a spouse cannot be forced out of the house without a legal order.

However, if a spouse bullies the partner into moving out before the divorce, the partner can seek advice from a divorce attorney on how to handle the situation.

In marriages, the home is an enormous asset; in some places, like California, property bought while married is known as community or marital property. California laws state that community properties should be divided equally among the couple.

So, peradventure, you and your spouse purchased a house together during the marriage, and it will be difficult trying to make your spouse move out during the divorce.

How to get a spouse to move out during a divorce includes:

• Proving domestic violence

Are you curious about getting a spouse to move out during a divorce, that is, an abusive spouse? Prove your case in court!

If a spouse can prove domestic abuse in court, the court will force the abusive spouse to evict the premises. An instance is the South Carolina Code Of Laws which states in Section 20-4-60 (3) that the court has the power to grant the abused spouse temporal possession of the property.

Wives with abusive husbands often ask, “Can I have my husband removed from the home, or how to make your husband leave you?” The court sides with the abused spouse, whether it’s the wife or husband. This is one way to kick your spouse out of the house legally.

• The property was purchased before the marriage

Another method of forcing your partner out is if you purchased the house before marriage or have only your name written on the deeds to the house. In this condition, your spouse has no legal rights in the home and can be made to move out.

• Filing a fault divorce action

Attorneys usually advise their clients to file a fault divorce action if they are searching for ways to get their spouse to move out during a divorce. 

A fault divorce action confirms a legal separation between spouses and is based on fault, in which you are required to prove what the spouse did.

Various legal cases, such as Watson v. Watson, have strengthened the court’s power to evict the spouse at fault. To get a spouse to move out during a divorce, you must prove adultery or abuse. The court will demand that the at-fault party move out of the house.

How to get a spouse to move out during a divorce: 10 sensible ways

Getting your spouse to move out during a divorce can be one of the most difficult conversations you’ll ever have. Tensions are already high, and navigating this sensitive issue requires a blend of patience, strategy, and clear communication. 

The process isn’t just about logistics—it’s about taking steps toward closure while maintaining respect for both parties. Here are 10 practical ways to handle the situation without burning bridges.

1. Ask nicely, but firmly

• Start with a calm and respectful approach. Asking doesn’t have to mean confrontation. Say something like, “I believe it’s best for both of us to take some space.”
• You’d be surprised how effective a simple, polite request can be. It shows maturity and opens the door for a more peaceful transition.

2. Have the uncomfortable, but honest conversation

• Address the elephant in the room. Yes, it’s awkward, but honesty here is crucial. Be upfront about why moving out is necessary for the divorce process.
• Example: “Staying under the same roof is adding stress to an already difficult time. I think it’s time we create some distance.”
• Keep it clear and direct. They need to understand the seriousness of the situation.

3. Create a formal agreement for moving out

• Get it in writing! A formal agreement stating when and how your spouse will move out can prevent misunderstandings later.
• Discuss timelines and specific logistics—this isn’t just a suggestion but a commitment to the process.

4. Seek legal advice for your rights

• Sometimes, no matter how much you talk, emotions run high. Get legal advice to know your rights on how to get your spouse out of the house.
• This can include understanding how shared property works or how to legally request your spouse to leave if necessary.

5. Suggest a trial separation for clarity

• Frame it as a cooling-off period. A trial separation can provide clarity on whether the divorce is the final step, while giving each partner space to think.
• It’s a less aggressive approach that shows you’re willing to evaluate the relationship in a respectful way.

6. Offer a reasonable financial compromise

• If your spouse is worried about finances, offer to help temporarily, like covering rent for a month. It can be an incentive to make the move less stressful.
• This way, you’re offering a practical solution while gently pushing the process forward.

7. Frame it as a way to ease tensions at home

• Living together during a divorce is emotionally exhausting. Emphasize how moving out will reduce tension and allow both of you to focus on the divorce itself.
• Explain how constant proximity is causing unnecessary fights or stress. Sometimes, logic wins over emotion.

8. Call in mediation for neutral support

• If conversations hit a wall, a mediator can step in as a neutral third party to help sort out how to get your spouse to move out.
• Mediators provide clarity and structure, ensuring both sides feel heard and understood, making the transition smoother.

9. Consider renting a separate place for your spouse

• If financially possible, offer to help with securing a temporary rental. This isn’t about bribery, but offering a practical solution that encourages them to leave willingly.
• Renting a new place reduces pressure on both of you and shows a level of empathy for their needs.

10. Know when it’s time to involve legal enforcement

• In extreme cases, if you’re genuinely asking, “How to get your husband out of the house if he refuses to leave?” the answer may involve legal enforcement.
• If your spouse refuses to cooperate, legal action such as a court order can be a last resort. This ensures you’re protecting your well-being and safety.

What to do when your partner refuses to move out during a divorce?

In the absence of domestic violence, adultery, or other legal grounds for eviction, it’s up to you to get your partner out of the house because the court cannot intervene.

If at all, you want to get your husband or wife out of the house legally, the best way to approach this situation at hand is by speaking to a divorce attorney about the current situation. Before deciding if your spouse should vacate the premises, consider these factors

• Who filed for the divorce?
•  Are there kids in the picture? Has any custody arrangement been decided?
• Is there a mortgage on the marital home? If yes, who pays the mortgage?
• Is the property yours, your spouse’s, or belongs to both of you?

If you still decide to keep the house after considering all these factors, the best course of action is to talk to your spouse. Both of you can reach an amicable agreement, or you can offer to let go of another property or asset in exchange for the house.

Do you wonder, “Should I move out of the house before divorce?” The video below illustrates why spouses living separately during the divorce phase is the best for both of them:

Which spouse gets to stay in the residence during the divorce?

It’s not surprising that the spouse who gets to stay in the home during a divorce is a bit complicated issue. Many partners will prefer moving out before the divorce is final to avoid unnecessary confrontations and conflicts.

Some are already in a budding relationship and might want to move in with their new partner or move their new partner into their marital home. There is no absolute answer or crystal-clear solution of who moves out of the house and who gets to stay.

One important cause of this dispute is that both parties are entitled to possession and exclusive use of the marital home.

Only the court can determine if a spouse should remain in the house or a spouse can choose to move out willingly. 

You can also remain if your name is listed on the house or an order of protection has been put in place entitling you to kick your spouse out of the house.

However, without any legal order entitling the spouse to remain in the house, both spouses are entitled to that property.

In this case, it is difficult to determine who stays in the house. There is a higher chance that the party that gets to stay in the house was more persuasive in convincing the other partner to move out.

According to Dr. Kimberly VanBuren, a marriage and family therapist:

Moving out during divorce becomes the beacon of newfound freedom, offering solace in solitude, clarity in space, and the opportunity to rebuild amidst the debris of the past. 

It’s the first step toward reclaiming autonomy, nurturing self-worth, and rediscovering the strength to chart a new course toward brighter horizons.

 A path to new beginnings

Going through divorce and moving out is more than just a physical shift—it’s about setting the stage for emotional clarity and a fresh start. 

Whether it’s your wife moving out before the divorce is final or you’re wondering, “Should I move out of the house before the divorce is complete?”—it’s all about creating space for both parties to heal and reassess. 

This step might be tough, but it’s often necessary to reduce conflict and focus on the bigger picture: your future. By approaching the situation with respect, honesty, and clear communication, you can transition to a new chapter with dignity.