If I have filed for divorce but my unemployed wife refuses to vacate the house, is there a legal way to have her removed?

Married for 16 years; 2 young children. My wife lost her job 18 months ago and refuses to look for work or to move out. She has agreed to accept a check from me fo 25k representing more than half the equity in the house but says she will not move out until she is ready to.

Asked on June 13, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Don't give her the check yet.  Instead, use the money to pay your divorce attorney to file for temporary orders which grant you the exclusive use of the home.  With what's left of the $25K, you can then argue to the judge that with the funds you are willing to provide, she has a means of obtaining a new residence while searching for work.  If you are close to the end of the divorce, then you may just want to get a date for a final hearing set to that you can get the divorce resolved and get a final order which grants you exclusive use of the home. Either option will have the same affect-- getting her out of the house.

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