Adultery or Unreasonable Behavior in a Singapore Divorce: Can You Ask Your Spouse to Leave the House?

Jul 8

When a marriage breaks down due to adultery or unreasonable behavior, tensions often rise quickly, leaving one or both spouses feeling that they can no longer live together. If you’re going through a divorce in Singapore and your spouse’s behavior has made the situation intolerable, you may be wondering: Can I ask my spouse to leave the house?

This is a complicated question because who stays in the family home during the divorce process is not always clear-cut. In Singapore, both parties may have legal rights to the home until a final settlement is reached. Let’s explore the legal framework and practical considerations when adultery or unreasonable behavior is involved in a divorce.

Adultery and Unreasonable Behavior: Does It Affect Who Leaves the House?

In Singapore, adultery or unreasonable behavior are common grounds for divorce and can contribute to the emotional strain between spouses. However, adultery or unreasonable behavior alone does not necessarily mean one party must leave the home.

The courts in Singapore typically prioritize the best interests of any children and consider the financial ability of both parties when deciding who remains in the home. While it might seem fair to ask the offending spouse to leave, the decision is usually more nuanced and involves a variety of factors.

The Legal Concept of Occupation

During the divorce process, both spouses have rights to occupy the matrimonial home unless a specific court order is issued to limit one party’s access. This means you generally cannot force your spouse to leave the house just because of their behavior, even if they’ve committed adultery or acted unreasonably.

However, there are exceptions. If you feel threatened or if your spouse’s behavior poses a risk to you or your children, you can apply for an exclusive occupation order or a Personal Protection Order (PPO) to restrict their access to the home.

Personal Protection Orders (PPO)

In cases of domestic violence or unreasonable behavior that affects your safety or the safety of your children, you can apply for a Personal Protection Order (PPO) through the Family Justice Courts. A PPO can grant you the right to stay in the house without your spouse, particularly if they are abusive or if their behavior makes it unsafe for you to live together.

This protection is especially important if unreasonable behavior includes threats, emotional abuse, or physical harm. If granted, the PPO may limit or prohibit your spouse’s access to the home, effectively asking them to leave.

Exclusive Occupation Orders

An exclusive occupation order gives one party the sole right to live in the marital home during divorce proceedings. If you wish to remain in the house while your spouse leaves, you’ll need to show the court that it’s in the best interest of your family, especially if children are involved.

Courts consider several factors when granting an exclusive occupation order, such as:

The welfare of children: Courts prioritize the stability of children. If it’s in their best interest to remain in the home, the spouse who is the primary caregiver may be allowed to stay.
Financial resources: If one spouse has no other means of housing, the court may allow them to stay in the family home until the divorce settlement is finalized.
Behavior of the parties: While adultery may not directly influence who stays in the home, unreasonable behavior that disrupts the household or puts family members at risk may lead to an occupation order.

Temporary Arrangements Before Final Settlement

Before a divorce is finalized, temporary living arrangements often need to be negotiated. This can be a difficult period, especially if both parties are still living in the same home. Mediation can be helpful in this case, as it allows both spouses to reach a temporary agreement on who stays in the home while other divorce matters are being settled.

Mediation encourages open communication and compromise, which can lead to a smoother transition without the need for court intervention. If mediation fails or one party refuses to leave, applying for an occupation order through the courts may be necessary.

Long-Term Living Arrangements After Divorce

Once the divorce settlement is reached, the issue of who stays in the home is typically resolved as part of the division of matrimonial assets. The courts will assess the financial and personal needs of both parties, including the welfare of any children, before making a final decision about the home.

For example, if the matrimonial home is a HDB flat, the spouse with care and control of the children might be allowed to stay in the flat, provided they meet the eligibility criteria for retaining ownership. If the home needs to be sold, both parties will need to agree on how to divide the proceeds, often with considerations for the financial needs of both individuals post-divorce.

Conclusion: Can You Ask Your Spouse to Leave the House?

While it may feel unfair to continue living with a spouse who has committed adultery or demonstrated unreasonable behavior, asking your spouse to leave the house is not always straightforward in Singapore. Legal action, such as applying for a PPO or an exclusive occupation order, may be necessary if their behavior affects your safety or well-being.

If you’re unsure about your rights or how to proceed, it’s crucial to seek legal advice from a divorce lawyer in Singapore who can guide you through the process and help protect your interests.

At 21 Chambers, we have the experience and expertise to help you navigate these complex issues, ensuring you understand your options and rights when it comes to living arrangements during your divorce.