Can my husband make me move out of the house before our divorce is final?

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Can my husband make me move out of the house before our divorce is final?

Asked on June 18, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

No he can't. Until your divorce is final (or a temporary court order has been issued providing otherwise), one spouse cannot legally put the other spouse out of the house, since it is still considered to be the "marital residence" (no matter whose name is or isn't on the title/mortgage).

Note: If one spouse is put in fear of the other regarding physical abuse, they can file a legal motion to get the offending spouse removed and have them prohibited from returning.

 


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