Who gets to live in the house?

Both spouses have a legal right to stay in the home. Unless you’ve worked out an agreement on sharing the house or deciding who will move out, you cannot force your spouse to move. However, if you have minor children living in the home and can show that it would be in their best interests if the other parent left, the court can grant a temporary order. If you don’t have kids, but your spouse has made serious threats, you can also appeal to the court.