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


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

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