Can my husband kick me and my children out?

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Can my husband kick me and my children out?

The house was his when we married 7 1/2 years ago. He is an attorney and I signed a prenup. I am a stay-at-home mom with no income. He said that I have a few days before he changes the locks.

Asked on December 26, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

No matter whose name is on the title to the house you husband cannot kick you out. At this point it still is considered to be the "marital residence" and as such both of you have equal rights to possession. However, that will change if and when: a final divorce decree is issued; a legal separation agreement is executed that gives you the exclusive use of the house; or some sort of temporary order is issued (e.g. protective or stay away order) which calls for your removal from the home. 

At this point you need to speak to directly to a divorce attorney in your area. They can best explain your  rights and/or remedies.


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