Can a spouse have the other spouse evicted from their joint-owned home?

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Can a spouse have the other spouse evicted from their joint-owned home?

My husband says he spoke to an attorney and that he is having me evicted from our home but both our names are on the mortgage. I assume he is doing this because I have been a homemaker for the past 9 years and have not paid directly on the mortgage due to not having any wages coming in. He is also filing for divorce. Can he legally do this? We have been married for over 20 years.

Asked on April 24, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

No one can be evicted from property that they legally own.  Even though you didn't directly contribute wages, the house was still paid for with community proceeds, which is income earned by either spouse during the marriage.  Just because he called dibs on his paycheck doesn't automatically make his paycheck seperate property.  What your spouse is probably trying to say is that he is seeking temporary orders as part of the divorce to grant him exclusive use of the residence while the divorce is pending.  This is not unusual in divorce actions.  If he is filing for divorce and is seeking temporary orders with a "kick-out" provision, you may want to start talking to an attorney now.  You may want to cross-petition for exclusive use of the residence and temporary child support and spousal support.  If you have been married for ten years or more, then you may qualify for spousal support, which is the Texas version of alimony.  The fact that you haven't work could help with this motion. 


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