i am not legally seperated from my husband can i keep him out of the house

Asked on June 15, 2009 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not without some kind ofcourt order.  If thee are grounds for a restraining order you should see an attorney for that option, but there may be others that an attorney can help you with.  Otherwise, you and your husband need to come to a legal agreement of some kind.  An attorney can help you with that as well.  You can start here at attorneypages.com to find one.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

if the house is in both your names and you have no order from the court that one party is not entitled to live in the house than you cannot keep him from the home. If you feel your in danger you should call the police and try to get a temporary restraining order. If its not a matter of safety than you will have to file before being able to keep him out of the home

furthermore, unless the home is in your name alone even while the divorce is pending its customary for both parties to remain in the home. to get him out you will need a court order which is only given with just cause. If your looking to seperate or divorce you should ocnsider consulting a local attorney to help you with the process. good luck


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.