Can a wife legally kick her husband out of their home after finding out he is cheating but before she files for divorce?

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1219786

2026-06-01 21:25

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Literally speaking, to kick someone out would constitute assault and battery (a criminal and civil offense) in most jurisdictions. If you mean can you insist that the spouse move out, it depends on who owns the home. If the house is in just your name, technically it may be possible to evict the spouse, but most jurisdictions require cause: failure to pay rent, failure to abide by some occupancy agreement regulation or restriction (and no, cheating is not generally an occupancy agreement or restriction). But even if that was the case, most jurisdictions require an eviction lawsuit.

If you're looking to punish your spouse quickly, however, even filing a divorce lawsuit is no guaranty that a court will award sole possession of the home to you.

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