If my wife and I have been married for 13 years, can she legally “kick me out” of our house, which we purchased together?

We have a 5 year old daughter in kindergarten. My wife is a type A personality; I am type B. She is dissatisfied with me and our situation. I am in education and she is in software (She makes more money than I). She told me that my “move out date” is in 3 months, even though she has recently gone through a double mastectomy due to cancer and has taken a month off work. She seems to have lost her patience with me and believes that raising our daughter separately will be better for her (my wife) and for our daughter.

Asked on October 26, 2015 under Family Law, Texas


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

Answered 5 years ago | Contributor

Until a final divorce decree is issued or other court order, both spouses have equal rights to the "marital residence". This is true not matter whose name the deed/lease is in. Therfore, your wife cannot "kick you out". The only exception would be if you put her and/or your daughter in fear of their safety. At such point, your wife could get an emergency protective order to keep you from entering the residence (and if the threat is immediate, the police can come and remove you).
At this point, you really should consult directly with a divorce attorney in your area. After hearing all of the details of your situation, they can best advise you further.

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