Is there a way to throw my husband out of an apartment that has both our names on the lease?

My husband, soon-to-be ex, has told me that he wants a divorce because he has someone else on the side. He has a daughter with me as well. I need to throw him out of the apartment, because I can’t stand having him there. His name is on the lease with mine. Is there anything I can do?

Asked on May 18, 2016 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Unfortunately, until there is a formal separation agreement, final divocrce decree or other court order, both spouse's have eqaul rights to occupy the "marital residence". This is true no matter whose name is on the lease (or deed). At this point, you can consult directly with a divorce attorney in your area who can best advise your further.


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