What to do if I’m being forced from the house, if it is under both our names?

I’m asking for time to relocate.

Asked on January 8, 2013 under Family Law, Texas


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

Answered 8 years ago | Contributor

If you don't have a separation agreement, final divorce decree or other court order that addresses who has the right to occupy the premises, then you don't have to leave. The fact is that at this point in time, your house is still considered to be the "marital residence". Accordingly you have just as much right to be there as your spouse does; this is true no matter whose name the deed or lease is in.

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