When a divorce is final how long does the spouse not having rights to the house have to move out of the house?

Asked on July 3, 2009 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Typically in a case such as this, absent a specific agreement or court order to the contrary, the time period would be approximately 30 days.  Of course this could be extended or reduced by specific circumstances.  For example is there someone with a disability involved or are their minor children, the time may be extended; if damage is being done to the premises or if property is being unlawfully removed, the time may be reduced.

Normal eviction procedures would not apply here; if the non-owner spouse does not move within the given time limit then the other spouse would have to make application to the court for their removal.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If that hasn't been specifically negotiated, most courts would allow a reasonable time depending on the circumstances;  ordinarily, I'd think that a month would be about as much as could be expected unless their were children being moved out as well.

That doesn't mean it will happen, and ordinarily the usual eviction procedures don't apply.  If the ex-spouse doesn't move out, the owner of the house sometimes has to bring a motion to enforce his or her rights.


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