What if My Soon-to-Be Ex-Spouse Refuses to Leave Our Home?

 Posted on September 09, 2021 in Kane

If you are like most people getting divorced, you do not want to continue to share a home with your soon-to-be-ex. Some divorcing spouses are able to stay in the same house while the divorce is ongoing, but many couples find this impossible. If your ex has become violent in the past or you fear that he or she will become violent, staying in the marital home together may be outright dangerous. Fortunately, Illinois law offers two legal avenues through which you may be able to get exclusive possession of the marital home in a divorce.

Seeking Exclusive Possession of the Marital Residence in an Illinois Divorce

Divorce can bring out the worst in people. Sometimes, a spouse refuses to move out even though that is what is best for everyone involved. If you have found yourself in this situation, you may be able to temporarily evict your spouse through a court order for “exclusive possession of the marital residence.” However, for the court to grant you exclusive possession of the home, you will need to demonstrate that:

• The mental or physical wellbeing of you or your spouse is jeopardized by you living together
• The mental or physical wellbeing of your children is jeopardized by you living together

Illinois courts typically interpret this to mean that a spouse or child is in actual danger of harm. It is important to note that getting exclusive possession of the marital home during the divorce proceedings does not necessarily mean that you will keep the house after the divorce.

Petitioning the Court for an Order of Protection

Another way you may be able to force your spouse to move out is through an order of protection. In Illinois, an individual may seek an order of protection if a spouse, ex-spouse, or other family or household member has abused them. The word “abuse” is not limited to physical abuse. Harassment, stalking, intimidation, and threats may also fall under the category of abuse.

If you fear that your spouse will become violent, interfere with your personal liberty, stalk you, or harass you, you may want to get an order of protection.  An order of protection may contain many different provisions, including forcing the subject of the order of protection to move out of the shared residence.

Contact a Kane County Divorce Lawyer

If you are getting divorced and your spouse refuses to leave your shared home, you may be able to seek exclusive possession of your home through a court order. Contact a St. Charles family law attorney from MKFM Law for help. Call 630-665-7300 for a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000600HArt%2E+I&ActID=2100&ChapterID=59&SeqStart=100000&SeqEnd=500000