For many divorcing couples in Oakland County, Michigan, one of the first questions after filing for divorce is, “Do I have to move out of our home?” This is a common question we get from clients in Troy, Farmington Hills, Rochester Hills, Novi and Southfield.
In most Michigan divorces, you are not legally required to move out just because you file for divorce. Both spouses typically have an equal right to remain in the marital home until a court issues an order stating otherwise. Exclusive possession of the marital home during divorce proceedings can be granted to a requesting spouse by court order under certain conditions. But unless the family court issues a court order, or if there is a PPO (personal protection order) in place, judges in Oakland County don’t like to force people out of their homes.
Understanding Your Right to Stay in the Home
Under Michigan law, both spouses have an interest in the marital home, regardless of whose name is on the deed or lease. Until the court divides property, neither spouse can force the other to leave the residence without a court order. However, one spouse can request exclusive use of the home. These orders are temporary and last only until the divorce is finalized by the judge. Some common grounds for a spouse to request a temporary order for exclusive use of the marital home are:
- Domestic violence or safety concerns: A court may issue an order for exclusive possession to remove an abusive spouse from the home. Sometimes, a PPO is issued and it usually has the same effect as an order for exclusive use of the home.
- Child custody and stability: If the court finds that one parent is the primary caregiver and that not being able to have exclusive use of the home would disrupt the children’s best interests or create instability, it can award that parent temporary exclusive use.
How the Process Works in Oakland County
When a divorce is filed in the family division of the circuit court for Oakland County or in surrounding counties, such as Macomb, Wayne, or Livingston, either spouse can file a motion for exclusive use of the marital home. The motion must explain a compelling reason why remaining in the home is necessary, such as protecting minor children, maintaining stability, or preventing domestic violence. If granted, the order will state which spouse can stay in the home during the divorce proceedings and may also decide responsibility for mortgage payments, utilities, or upkeep.
Some main factors your divorce court judge will consider are:
- Each spouse’s conduct and safety concerns;
- Whether children reside in the home;
- The financial ability of both parties to maintain separate residences; and
- Any history of domestic violence.
Should You Move Out Voluntarily?
Before deciding to leave, consult a Michigan divorce attorney with decades of experience to ensure you are not inadvertently weakening your position in court. Leaving the marital home before an order is entered will likely have legal and practical implications. If you move out:
- You may reduce your claim to exclusive possession.
- It could influence future custody determinations (i.e., if you are unable to find stable housing).
Frequently Asked Questions (FAQs)
Q: Can my spouse change the locks after I file for divorce?
A: No, locks should not be changed unless there are serious safety concerns. Unless a judge grants exclusive possession of the home, both spouses maintain equal rights to enter and use the property. Changing locks or denying access might cause you to end up in front of your judge trying to explain yourself. Trust us. 1200 Telegraph Road in Pontiac, MI is not the place where you want to be! The courthouse is not user friendly.
Q: What if I’m afraid for my safety?
A: If you are facing threats or abuse, contact law enforcement and speak with your family law attorney immediately. You may be eligible for an emergency motion for exclusive possession of the home. You should also speak to your attorney about obtaining a Personal Protection Order (PPO).
Q: Who pays the mortgage while the divorce is pending?
A: The court can issue temporary orders requiring one or both parties to continue paying the mortgage, taxes, and utilities to maintain the property.
Contact Us To Begin Strategically Planning!
In Michigan, filing for divorce does not automatically require you or your spouse to move out of your home. But if conflict, safety, or practical considerations make cohabitation impossible, a court can intervene to issue a temporary order. At The Kronzek Firm, we understand how uncertain your future looks when divorce becomes part of the equation. One of our experienced family law attorneys can advise you on what is best for your situation. We represent clients in Oakland County and surrounding areas such as Livingston, Macomb, Monroe, and Genesee Counties. The right legal advice can protect your rights, your finances, and your access to your children. The wrong legal advice can haunt you for decades.
Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 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.]
The Kronzek Firm PLC
Tough, Experienced Divorce Attorneys Serving Oakland County and Surrounding Areas Since The Last Century.
Protecting your rights, your home, and your family — every step of the way.