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That is a tough one. If they are abusive you can involve the local authorities. If not you will have to settle that in court; which takes a while. I know of one couple who split and the husband moved into the basement and is still there; the divorse has been in the courts for over a year. Hopefully everyone can remember that when they fell in love it was with a kind person and those kind people are their under all the mixed and angry emotions and in time both will work out some type of agreement. Look up mediation it may help.

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16y ago
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13y ago

If your spouse does not want to vacate the premises then you need to file a motion with the court to obtain a vacate order. The court will hear the motion and render a decision. You cannot always succeed in forcing a person to leave their home.

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12y ago

Without a court order of some type - there is no legal way.

If your relationship with your spouse has degraded to the point where you feel you have legal grounds for a restraining order, you can file for such an order in civil division/family court. If the petition is granted the judge can order that your spouse

leave the marital home. However, even if this measure is granted it is only temporary. You will undoubtedly have to file for divorce and the division of marital assets, which (unless you own the home outright) would probably force either the sale of the home and division of the proceeds or, alternatively, require that the spouse to buy out your interest in it.

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Q: How do you get your spouse to leave your home if your no longer together?
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