Can I Force My Partner to Leave Home?

by Mar 4, 2024Divorce0 comments

It isn’t uncommon to be confronted with housing disputes in relationships, especially during times of conflict. In Ohio, numerous complex laws dictate who has a right to remain in a home, sometimes making it difficult for individuals to understand their rights.

Ohio’s Legal Position and Domestic Rights

In the midst of a tumultuous situation like divorce, questions such as “Can I make my spouse move out during divorce?” often arise. Understanding the legal position of the state where you reside is of utmost importance. We cannot overlook the critical concept of the marital home and its ownership.

The Concept of Marital Home and Ownership

In the eyes of Ohio law, the marital home is typically recognized as joint property – even in cases where only one partner’s name appears on the deed. The concept operates on the principle of equitable distribution, catering to the belief that both spouses have made contributions to the property, whether financial or otherwise. Hence, under Ohio law, both spouses can stay in the home until a court orders otherwise.

This law does a lot in protecting the partners from unjust practices such as one party locking out the other without due process.

Legal Rights to Stay in Shared Property in Ohio

Ohio law dictates that when both partners’ names are on a lease or deed, neither can legally force the other to vacate the premises. This aspect of the law reduces the chances of unjust expulsion from the home during such times of trial separation and divorce.

However, there’s a caveat to this right. Eviction can occur if one partner can demonstrate that the other partner’s behavior constitutes legal grounds for eviction. Some of these grounds could be:

  • Failure to meet financial responsibilities towards the property
  • Engaging in activities that pose a threat to the safety and peace of the household
  • Actions leading to the devaluation of the property

It is worth mentioning, however, that the grounds above will need to be proved. Video evidence is one way to provide evidence of unreasonable behavior, provided it is obtained in the right way. Ohio is a one-consent state, which means the other party doesn’t have to consent to being filmed, but it also means that at least one party needs to be present. You can’t hide a nanny cam or other method of surreptitious surveillance. A Ring doorbell may be an exception to that rule, since it is not hidden and it should be evident that a person is on camera.

Understanding your rights is integral in navigating scenarios where your spouse is trying to force you to vacate your marital residence with no valid reason. Remember, the laws are there to protect the rights of both individuals. Always consult with a divorce lawyer to understand the depth of your rights and the appropriate procedure in case of a violation.

Domestic Violence and Its Impacts

Another essential aspect of Ohio law involves provisions related to domestic violence and how it influences residency rights. Understanding your rights is important, but it is equally important to reach out to experts who can provide you with the necessary support and advice during such trying times. Ensuring that you have all the resources you need is crucial for sustaining your rights and knowing which steps to take when faced with an unfair expulsion from your home.

Interaction of Domestic Violence Laws with Ohio Housing Laws

Victims of domestic violence in Ohio are afforded rights and protections under the state’s law, including terminating a lease early and changing locks, among others. Understanding these rights can play a pivotal role in protecting oneself from further harm. Domestic violence can include physical harm, but it also can include emotional and psychological abuse. It’s important that you have an honest dialogue with your divorce lawyer so they are aware of any type of abuse you – or your children – might be experiencing.

Protection Orders and Their Impact on Residency Rights

What happens when a victim decides to fight back? Specifically, how might protection or restraining orders affect residency rights?

First off, it’s worth noting what a protection order is. In a nutshell, this court-issued document orders the abuser to keep a distance from the victim, often requiring the abuser to move out of the shared residence. This protective order holds regardless of whose name is on the lease or deed. A divorce lawyer or divorce attorney will provide much-needed guidance during these complex times and advise you if a temporary restraining order might be needed.

Get The Help You Need

Dealing with legal issues related to domestic violence, separation, and property rights can be daunting. However, engaging the right professionals, asserting your legal rights through a properly structured parenting plan and resistance against unfair expulsion is a formative step towards safeguarding your interests. But you can’t do it alone. Professional legal advice from an experienced divorce lawyer will typically be required.

Schedule Your Free Consultation

Whether you believe your partner’s behavior necessitates eviction from the property during your divorce, or you’re concerned that your spouse may try to evict you, it’s crucial that you seek the help of a qualified lawyer as soon as possible. The family law experts at Kirkland & Sommers are here to answer your questions, and we’re just one phone call away. Call us today, or click on the link below to schedule a free legal consultation.