This article addresses questions concerning the marital home and whether
it is necessary to move out during a
Do I have to move out because my spouse told me to?
- No, you do not have to leave the home if your name is on the lease or mortgage.
- You do not have move out just because your spouse tells you that he/she
wants you to leave.
- Both parties have a right to stay in the home. No one, including the police,
can force you to leave your residence without a court order, unless there
is domestic violence.
- In order to get such a court order in a divorce, a temporary orders hearing
must held. During a temporary orders hearing the judge will determine
who is awarded the exclusive use of the home. This means that if you and
your spouse cannot agree as to who will live where while the divorce is
pending, the judge will make a temporary decision for you.
- In some cases, when there are spare bedrooms, the spouses may agree to
live together until the divorce is finalized in order to save money and
ease the transition for the children. For other families, continuing to
live together causes too much stress. The decision to move out is one
that should be considered carefully, and discussed with a caring family
law attorney who can help you make the best decision for you and your family.
Alternative Scenarios where the answer is not as clear
- If the marital home is owned by a spouses parents and there is no lease
agreement. However, they would need to go through an eviction process first.
- If you are common law married and the spouse owned the property prior to
the marriage. I had case where this was the situation and the husband
was able to file for an eviction while the divorce was going on and get
his spouse removed from the home. Again the husband had to go through
a hearing first prior to removing his spouse.
If you want to know more about what you can do,
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“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Whether you should move out of the marital home during a divorce?
- Steps To Take Before Moving Out of the Marital Residence During a Divorce
in Spring, TX
- The Dirty Trick of Filing for Divorce in Another City
- The Dirty Trick of Moving Out of State with the Kids
- Should I move out of the marital home during a divorce?
- Children's Passports and International Travel after Texas Divorce
- Can a Parent remove My Child from the state of Texas or from the County
or Country where I am living?
- Geographic Restrictions in Child Visitation Orders in Texas
- Common Law Marriage and Texas Divorce Guide
- 6 things You Need to Know Before You File for Divorce in Texas
Law Office of Bryan Fagan | Spring Divorce Lawyer
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with ar
Spring, TX Divorce Lawyer right away to protect your rights.
divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing
a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and