How to Legally Kick Your Spouse Out of Your Shared Family Home

 Posted on May 31, 2022 in Illinois Divorce

When couples find themselves fighting and preparing for a divorce, one spouse may choose to leave home. In Illinois, the family home will usually be considered joint marital property, meaning it—or it’s value—will be considered and divided between the spouses during the divorce judgment. However, in some highly volatile cases, one spouse might pose a severe threat to the other family members. Even though a shared house may be joint property and subject to being divided equitably in a no-fault divorce state, there are ways for spouses to remove a partner from the family home when necessary.

Illinois Petition for Exclusive Possession

The governing law that dictates marriage dissolution and the divorce process in Illinois is the Illinois Marriage and Dissolution of Marriage Act (IMDMA). A petition for exclusive possession of the shared property is detailed for certain circumstances within this act. If a spouse felt that their partner posed a serious threat by staying in the home, they could file for exclusive possession and legally force their partner out of the house. To meet these criteria, a spouse would have to prove to the court that their partner poses a legitimate threat to the physical, mental, or emotional health of the other individuals living in the home.

Within the IMDMA, the law states that if there is a complaint from a spouse indicating that they wish to have a temporary eviction of their partner, the court can grant that temporary eviction until the final judgment on who will retain the residence after the divorce.

Proving Harassment or Domestic Abuse

A second way a spouse can legally evict their partner from the shared family home is through the Illinois Domestic Violence Act. Under this act, a spouse must be able to clearly show threats to the safety of the other individuals living in the home. Due to the severe nature of domestic abuse allegations, the Illinois Domestic Violence Act gives spouses a better chance of having a temporary eviction order granted than exclusive possession through the IMDMA. However, a spouse filing for eviction has to be able to prove domestic violence and or harassment. Ways to establish a spouse that presents a grave danger to you include:

• Presenting video recordings of your spouse exhibiting domestic violence against you or others in your home
• Documenting domestic physical abuse with photos
• Keeping track of each domestic dispute with your spouse to present to the court
• Preparing witness testimony from others who witnessed the domestic abuse
• Saving old text messages, voice mails, or social media posts that exhibit harassment or abuse

Speak to a St. Charles Divorce Attorney Today

If you need assistance filing for exclusive possession of your home or obtaining a temporary eviction order for your spouse, Weiler & Associates, Inc. may be able to help you. Our experienced Kane County divorce lawyers have experience working with couples in highly contested divorce cases. We can help you prepare to file for exclusive possession and obtain a temporary eviction while representing you throughout your divorce case. Please reach out to us today at 630-331-9110.

Sources:

https://ilga.gov/legislation/ilcs/documents/072500050K112A-14.htm

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59