What are my rights to stay put and not move?

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What are my rights to stay put and not move?

My husband left me on the 13th of this month. He called me on the 27th and asked if I had moved yet. I stated no and that I do not intend to move. He stated that he will not return unless I am gone. When he left he stated that he had no job, no money and no son (his son passed away on the 21st of last month. The home is his home previous to our marriage so I get that it is no community property. However, it has been a rental for the past 2 years and we have both lived (up to 5 months ago) rent free as I was a property manager.

Asked on December 30, 2012 under Family Law, Washington

Answers:

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

Answered 8 years ago | Contributor

Since this has become the regular residence during the marriage, you can stay until the court orders you to vacate. If he files for divorce, he will be awarded the property if it was his separate property.  He can also ask for temporary orders which grant him the exclusive use of the residence.  So, bottom line is that you will eventually be required to leave the residence, but not until the divorce is filed or finalized. 


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