Whether you’re fighting to stay in your home, protect your children, or achieve a fair settlement, our team is here to stand by your side every step of the way.
Going through a divorce is difficult enough without being told to pack your bags. Many clients ask us: “Can my spouse make me move out during the divorce?” In Missouri, the answer is not as straightforward as a simple yes or no. Your rights — and your options — depend on a few important legal factors.
At The Betz Law Firm, we believe in empowering our clients with clear, compassionate legal guidance. Here’s what you need to know about your rights to stay in your home during a divorce in Missouri.
Missouri Law: Marital Property and the Family Home
Under Missouri law, the family home is considered marital property if it was purchased or maintained during the marriage — regardless of whose name is on the deed or lease. This means both spouses typically have equal rights to live in the home until the divorce is finalized.
Unless there is a court order, your spouse cannot legally force you to leave.
When Can a Spouse Be Removed From the Home?
There are situations where the court can intervene and remove one spouse from the home, especially if there are concerns for safety or domestic violence.
A judge may order one spouse to move out if:
- There are allegations of abuse or harassment
- One spouse feels unsafe in the shared residence
- Children are at risk or exposed to conflict
In these cases, the court may issue a temporary order (called a pendente lite order) granting exclusive possession of the home to one spouse while the divorce is pending.
If you are in immediate danger, contact law enforcement and seek an order of protection. Your safety comes first.
Can We Agree to Separate Voluntarily?
Yes. Many couples agree to a temporary living arrangement during divorce to reduce conflict — especially if children are involved. If both parties agree, one spouse can move out while still maintaining legal rights to the property and parental rights.
However, it’s essential to speak with a divorce attorney before moving out. In some cases, leaving the home without a formal agreement can affect:
Should You Leave the Home?
Every situation is different. Sometimes, staying in the home can escalate tension. Other times, leaving prematurely can weaken your legal position.
Before making any decisions, speak with a St. Louis divorce attorney who understands the local courts, judges, and the specific dynamics of your case.
What a Judge Will Consider
If your spouse files a motion asking the court to force you out, the judge may look at:
- Evidence of domestic disputes or violence
- The presence and best interests of children
- Financial situations of both spouses
- Who primarily uses the home (e.g., for child care)
There’s no automatic ruling — the court weighs all factors carefully.
Speak With an Experienced Attorney
Our firm uses experience, good communication, and availability to help families navigate life-changing events.