If my husband bought his home before our marriageand Isold and deposited the proceeds into his account, can he really just kick me out?

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If my husband bought his home before our marriageand Isold and deposited the proceeds into his account, can he really just kick me out?

Asked on October 10, 2011 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

I am a bit confused about things here.  If the house was sold where is he kicking you out from?  Let's start with the basics.  If your husband bought the home before you were married then at the outset it appears to be separate property.  Now, sometimes there can be asserted that there was an intent to make it marital property - placing your name on the deed is such an action that can show that intent.  But other things can as well.  Can he just kick you out?  Probably not.  Can he request that he have exclusive use and occupancy?  Probably yes.  Should you seek legal help here?  Definitely  Good luck.


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