Property Division: Who gets the house?
Who gets the house depends on the circumstances. If there are no children, then courts vary considerably on how they distribute the marital home.
Neither party typically has a legal right to demand the other to leave, but one partner can always request it. That said, it may be illegal for them to lock you out before the divorce is finalized, while you still own the home. You can call the police if they do so. The obvious exception to this is in cases of domestic violence where one partner has received a restraining order against the other.
Caution: Sometimes unhappy relationships can become very toxic. Be careful not to allege domestic violence out of spite just to get the other partner out of the house.
If the judge believes you’ve done this, you could jeopardize your right to marital property, including ownership of the house.
If you and your spouse can’t agree on who gets the home, the court will decide based on its rules, state law, and which kind of property system your state has.
If you have children, then the parent who does the majority of the child-raising generally keeps the marital home. If one partner purchased the house with separate funds and there are no children, then generally they keep it and can require the other partner to vacate.