Do I have to move out of the marital home during a divorce?

This article addresses questions concerning the marital home and whether it is necessary to move out during a divorce.

Do I have to move out because my spouse told me to?

1. No, you do not have to leave the home if your name is on the lease or mortgage.
2. You do not have move out just because your spouse tells you that he/she wants you to leave.
3. 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.
4. 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.
5. 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

1. 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.
2. 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.

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Other Articles you may be interested in:

1. Whether you should move out of the marital home during a divorce?
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3. The Dirty Trick of Filing for Divorce in Another City
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7. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
8. Geographic Restrictions in Child Visitation Orders in Texas
9. Common Law Marriage and Texas Divorce Guide
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