First off, this is a sensitive area that requires consultation with your command’s servicing Staff Judge Advocate.
My comments here are solely my personal opinion based on previous cases I have dealt with and is not to be inferred in anyway as a legal interpretation or legal advice.
In general, the following are topics that must be considered:
Are the Soldiers seeking or have plans to seek divorce?
Since divorce is handled by civilian courts, housing issues fall under civilian jurisdiction as well. In Ohio, for example, both parties are entitled to stay in the shared property until the court rules on the issue. This could be when the divorce is finalized or when legal separation is ordered. The court will consider a number of factors to include but not limited to:
- Custody of any minor children
- Any abuse and which party committed the offense
- Financial situation of each party
However, this is not to indicate that there is no recourse for the command/installation. I assume that since you mentioned that the two Soldiers “cannot get along” there have been some domestic altercations, either verbal and/or physical. If these issues are documented with the PMO and/or command, the housing authority, usually along with the installation commander or their designee, can order one or both of the Soldiers out of post housing.