If my husband allows another woman to move into our home with him, do I have any rights to make them leave?

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If my husband allows another woman to move into our home with him, do I have any rights to make them leave?

The house may be in foreclosure.

Asked on October 23, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the house is about to be in foreclosure and you are going through a divorce, the issue may be moot if the bank gets the house and kicks them both out.  The unfortunate result of this is that a foreclosure against him could also affect your credit if the house is community property.

What you can do to help your credit and your grief of him moving in the new woman is to file a motion for exclusive use of the home with an understanding that you will become financially responsible for the home.  If the court grants your motion, then both will have to leave the home per the court order.  If you do not have the financial means to do this, then do not accept the financial burden simply out of spite. 

You do not mention whether or not you have children.... but if you do, some courts do impose 'morality clauses' on parents during their periods of visitations.  Essentially, the courts prohibit any overnight guests in the home of the opposite sex during their periods of visitation. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as your husband has the right to occupy the home that you are writing about he or she has the right to allow another person to be in it despite your objections to the situation that you have written about.


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