How long can a spouse stay in the home after they are served with divorce papers?
Question Details: I have a friend who has initiated the divorce process by filing. She wants to know how long her husband can stay in the home once he is served with divorce papers. BTW, the home is owned by her father so neither the wife nor the husband owns the property.
1) Serving the other spouse with divorce papers does NOT require them to leave the home: even during the divorce, both spouses may live in the home until and unless specidically ordered otherwise by the divorce court. Neither spouse may remove the other from the marital home without a divorce settlement, decree, or some other order in or resolution to the divorce case requiring one to go.
2) However, if the spouses do not own the home but are living in property owned by a 3rd party--such as the wife's father--that 3rd party may be able to remove one of the spouses the same he could remove any "guest" (any non-owner, non-rent-paying tenant, whether family or friend) from the house. To do so, (the home's owner; i.e. the father) would have to provide the person with written notice that he must leave and a reasonable time (generally a month) to vacate, then--if the person does not leave--file a kind of legal action called an action "for ejectment" (think of it as eviction for non-tenants). If the father wants to consider this option, he should consult with an attorney.
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