Can An Estranged Spouse Evict Another Spouse From The Marital Home?

The process for evicting a spouse from a marital home during a divorce or separation can be complex and depends on the case’s specific circumstances.

If the marital home is owned jointly by both spouses, both must agree to the eviction of one of them, or a court order must be obtained. The court can order that one of the spouses vacates the property, but only if it is in the best interest of the family and children.

If one spouse owns the marital home, that spouse may be able to evict the other spouse, but it is still best to get a court order. This is because, without an agreement or court order, the other spouse may have a legal right to occupy the property.

It is also worth noting that under the Domestic Violence Act 116 OF 1998, an estranged spouse can apply for an order of protection, including an order for the abuser to vacate the marital home.

Consult Julies Attorneys’ specialist divorce lawyers in Johannesburg for legal advice on the specific circumstances of your case and to plan the best course of action.