Unfortunately, life presents us with various scenarios, and at times we are faced with situations we would rather avoid. One such situation is the necessity of evicting a spouse with whom one still resides—due, for example, to violence, alcoholism, or other serious issues.
According to Article 58 § 1 of the Polish Family and Guardianship Code, in a divorce judgment, the court rules on parental authority over the parties’ minor child, the parents’ contact with the child, and the extent to which each spouse is obligated to cover the costs of the child’s maintenance and upbringing. The court takes into account the spouses’ written agreement on the exercise of parental authority and contact with the child after divorce, provided that it is consistent with the best interests of the child.
However, as stated in Article 58 § 2, if the spouses occupy a shared dwelling, the court, in the divorce judgment, also rules on how the apartment is to be used during the period in which the divorced spouses continue to live there together. In exceptional cases, where one of the spouses, through grossly improper conduct, makes cohabitation impossible, the court may order their eviction at the request of the other spouse.
Thus, during divorce proceedings, a spouse may request the eviction of the other spouse from any jointly occupied dwelling—unless such a request would conflict with other applicable legal provisions. It is important to remember, however, that the key prerequisite for such an order from the divorce court—namely, the grossly improper conduct of one spouse (either the plaintiff or the defendant) that makes cohabitation intolerable—must be proven, and the court will always base its decision on the specific facts of the case.