Can my wife kick me out of our home?

She gets food stamps and health insurance from the government. We rent an apartment but she didn’t put me on the lease because she is afraid that we are going lose these benefits if the government finds out that we are married and I work. We got into arguments recently and I ended up me moving out for just for a few days to cool things down. Now she doesn’t want me back and she called the security of apartments complex to put restraining order on me so now I’m not allowed to into the apartment. Can she do that to me? What are my rights?

Asked on September 26, 2016 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Until there is a formal separation agreement in effect that addresses who has the use and possession of the apartment or a final decree of divorce establishes who gete the right of occupancy, the premises remains the "joint marital residence". This means that both spouses have the right to live there, no matter whose name is on the lease and no matter if 1 spouse moved out and now wants to return.


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