Will My Husband Have to Move From Our Home After I File for Divorce? | DAWN - Michigan's Original Divorce Attorneys for Women

Generally the answer is no. A right of exclusive possession will not be granted just because the living together situation is uncomfortable during a divorce. The marital home is one of the assets that must be divided in the divorce case. While the case is pending, both parties have the same right to reside there without preference to either.

In order to force one party to vacate and grant exclusive possession to the other, there must be a hearing where it is sufficiently shown that the health, safety and welfare of the requesting party (and children, if any) is in danger due to unacceptable behavior such as domestic violence or substance abuse. Verbal abuse is usually an insufficient ground unless it can be shown that there is a definite psychological impact (inability to work; children acting out or failing in school; etc.).