How Your Family Lawyer Can Help You If Your Partner Or Spouse Rejects Your Request For Them To Leave Your Home

For most family lawyers, the situation where a client comes to ask for them to represent them concerning divorce is a common one. Normally at this point, either their client or their client’s ex-partner or spouse has moved out of the matrimonial home, and their task is to ensure that the divorce agreement reached is a fair one for their client with respect to their children and their property.
However, not all divorces follow that pattern, and a family lawyer can have a situation whereby their client has asked, or even demanded, that their partner or spouse move out of their home, and they have refused. There can be many reasons for that refusal, and one which is front, and centre is that they have no legal obligation to do so.
Regardless of how fractious the relationship might now be, and no matter how much one party wants the other to leave, the fact that legally they each have as much entitlement to live in a home they jointly own as the other then no one is obligated by law to leave that home.
This can lead to an escalation of animosity, which family lawyers will advise their clients to try and avoid. In fact, most family lawyers, instead of having to deal with a client at war with an ex in relation to wanting them to leave, have an altogether different set of circumstances to deal with.
These are where the couple in question agree that, whilst they intend to divorce until the final agreement is reached they will both remain in the home. Two main reasons for this tend to be first, that they have children and want to avoid as much upset to them as possible. The second is financial reasons where they both agree that financially it makes sense for them to remain living under one roof.
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