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The question of who gets the house after a divorce can be easily answered if you have children involved. For people with children, the custodial parent or the one who gives primary care and spends the most time with them usually gets the marital home.
If the couple don't have children and the property is considered a separate property of one spouse, then the property goes to him/her and he/she can ask the other person to leave.
However, if the property is considered a joint ownership, the couple will have to decide how to divide the house. One spouse can give way and just leave the property to the other spouse or they can sell the house and divide the proceeds. If the couple cannot agree on what to do with the house, the judge in divorce court handling their case will decide for them.
A person cannot just be removed from his/her marital home. One cannot even change the locks to keep another person out without proper authorization. The only time that one person can be removed from his/her marital spouse is if he/she is guilty of domestic violence. In these instances, a judge can issue a restraining order, removing the person from the marital home to prevent further violence between the couple.
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