This is one of the most common questions I get asked in my practice. In most cases this question arises when children are involved. First and foremost, if there are children involved remember that they need your support right now, this is a stressful time for them too.  

In my time as a Divorce lawyer I’ve heard of a few creative ways to motivate spouses to leave, including this one:  

One wife’s efforts to get her husband to move out (none of which have worked thus far): 

• She stopped buying food for the house (the fridge is empty)
• She stopped all cleaning (place is a mess)
• She stopped putting money in joint account
She’s saying nasty things about him on Facebook  

And the list went on and on. I prefer to try some more reasonable tactics, a combination of incentives and legal work.  

When none of the above works, can she force him out?  

Put simply, no. You cannot force your partner/spouse to leave your home unless it is agreed that they will leave. Otherwise this may turn into a Police Safety order or Protection Order application with an Occupation Order. 

If you are the one wanting to stay in the home, and an agreement can’t be reached, you will likely need to apply for an Occupation Order under the Property (Relationships) Act 1976. If there is a mortgage involved on that home, the person who stays in the property will still be responsible for the repayments.  

However, there are a number of different scenarios in this situation. Your best approach right now is to not let things stress you out even more. Come and meet with a divorce lawyer to figure out the full scope of the options you have. Or meet with a counsellor or psychologist and work out a way forward.  

“The information posted on this website is prepared for a general audience, without investigation into the facts of any particular case. This information is no substitute for legal advice and does not create a lawyer-client relationship; you are advised to consult with a lawyer on any legal issue.”


“The information posted on this website is prepared for a general audience, without investigation into the facts of any particular case. This information is no substitute for legal advice and does not create a lawyer-client relationship; you are advised to consult with a lawyer on any legal issue.”