Is it true that if I don’t want to lose my house I should not leave?

My wife is cheating on me. Is there anyway I can get her to legally leave? I have proof that she cheated.

Asked on September 5, 2012 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot make her leave a home you both own, and she canot make you leave the home either--not while you are still married--and it does not matter whether one of you is cheating on the other or not. If you get divorced, then your assets, including the home will be divided among you; if you believe she cheated on you and no longer want to live with her, you need to seriously consider divorce.


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