Filing for divorce in Michigan, whether in Lansing, Eaton County, Jackson County, Clinton County, or Ionia County, does not automatically mean you have to move out of your home. Under Michigan law, both spouses have equal rights to the marital residence until a court orders otherwise. This means you can generally remain in the home during the divorce process, unless specific safety or legal issues require one spouse to leave. Begin by recalling that maintaining two residences is twice as expensive as having only one residence to pay for during the pending divorce case.
The Legal Framework: Possession of the Marital Home
Michigan’s divorce statutes give the family division of the Circuit Court the authority to decide temporary possession of the marital home while the divorce is pending. The court may issue a temporary order granting one spouse exclusive use of the residence. This is often referred to as an “exclusive possession order.” It doesn’t change ownership of the home; it simply determines who may live there during the divorce proceedings. Most judge’s don’t favor tossing a person out of there home unless there is excellent cause to do that. An exclusive possession order may be necessary to:
- Prevent harassment or domestic violence;
- Maintain stability for minor children; or
- Protect marital assets.
How Temporary Possession Works
If either spouse requests exclusive use of the home, the judge may hold a hearing and issue a temporary exclusive possession order. The judge’s temporary exclusive possession order remains in effect, unless modified, until trial or settlement. In deciding how to rule on the order, judges in counties such as Ingham, Eaton, or Clinton usually consider:
- Who primarily cares for the children?
- Each party’s financial resources;
- Safety concerns; and
- Whether one spouse has already relocated.
When the Court Might Order You to Move Out
In some cases, Michigan Circuit Courts, especially the family courts in Ingham, Clinton, Eaton, and Livingston Counties, will order one party to vacate the marital home when:
- There is domestic violence or threats of harm;
- A Personal Protection Order (PPO) is in effect, or
- The home needs to be preserved for the children’s safety and stability.
FAQs: Moving Out During Divorce in Michigan
Q: Can my spouse force me to leave our home after filing for divorce?
A: Not without a court order. Both spouses generally have equal rights to occupy the marital home until the judge orders otherwise.
Q: What happens if my spouse is abusive?
A: You can request a Personal Protection Order (PPO) and your family law lawyer can ask the court for exclusive use of the home to protect your safety.
Q: Can staying in the home affect child custody?
A: Yes. Courts often consider who provides a stable home environment when deciding on custody and parenting time.
Q: Can I change the locks?
A: Only if a court order grants you exclusive possession. Otherwise, both parties have access to the marital home.
Q: Who pays the mortgage during a divorce?
A: The court can order temporary financial arrangements to ensure the mortgage, taxes, and utilities are maintained until property division is finalized.If theparties can’t decide who will pay the expenses for the house while the divorce is pending, your family court judge will make that decision.
Why You Should Hire a Divorce Attorney
Leaving, or staying, in the marital home can have serious legal and financial implications in Michigan divorces. Moving out prematurely may affect your parenting time, financial leverage, or even your access to marital property.
An experienced Mid-Michigan divorce attorney can:
- File a motion for exclusive occupancy or defend against one;
- Protect your property rights and safety.
- Ensure compliance with local court procedures in Lansing, Eaton, and Clinton Counties; and
- Negotiate temporary living arrangements that preserve your interests.
Call Us Today for a Consultation!
In Mid-Michigan counties like Ingham, Eaton, Clinton, Livingston, and Jackson, remaining in or leaving your home during divorce requires careful consideration. At The Kronzek Firm, we understand that every situation is different, especially when children or safety concerns are involved. Before making a move, speak with one of our skilled family law attorneys who can help protect your rights and guide you through Michigan’s divorce process.
Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Lansing office 24/7 by calling (517) 886-1000 or by email at contactus@kronzek.law. During business hours only, you can text us at (517) 886-1000.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]
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