Can I force my partner to leave the house?

Married people have a right to remain in their home following a split, regardless of whether or not they are named on the title deeds or lease to that home. These are known as occupancy rights.

Only a court order can force a person to leave against their will. If one partner is abusivetowards their spouse, special preventative court orders known as interdicts or exclusion orders can be sought, potentially ejecting the abusive partner from the home - even if the abusive partner owns the home or is named on the lease.