Can one spouse have the other spouse evicted from their jointly owned home if they want a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can one spouse have the other spouse evicted from their jointly owned home if they want a divorce?

My husband wants a divorce after 20 years of marriage and I am refusing to give him one/move out. We bought a home together 9 years ago, both of us signed the paperwork. I have been a homemaker for the past 9 years and have not contributed to the mortgage payments (had to be home due to son’s issues).

Asked on April 24, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, he can not have you evicted from your home. And understand something: money earned during a marriage is marital money and considered a marital asset.  Plus the courts recognize that a stay at home Mother contributes to the family just as  does a working dad.  The house is yours as much as it is his. Now, if he filed for divorce he can ask the court for exclusive use and occupancy of the home AS CAN YOU. Please get legal help.  Good luck.   


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption