Who has to move out of the marital residence?
Neither spouse is automatically required to move from the marital residence. Both have a right to reside there. A spouse can seek removal of the other spouse from the marital residence if the other spouse has engaged in abuse, domestic violence or any other conduct jeopardizing the physical or mental well-being of other members of the household. However, the removal of the spouse may require a hearing before the Court to determine whether removal is justified.
