What are a spouses rights to a home?

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What are a spouses rights to a home?

In the state of Texas if a person purchases a home and then gets married, what
rights does the spouse have to that home? i.e. the husband purchased the home and
then got married. 8 years and two children later he is now asking his wife and
children to leave the home because her name is not on the home and he does not
want her there….what can she do?

Asked on January 30, 2017 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Under these facts, the wife could still live in the home becasue she is a resident of the home.  If husband wants her out he either needs to file for an eviction (which most JPs won't grant) or he needs to file for divorce.  So, wife can and should simply stay put. 
At a final hearing, the wife maynot be awarded the house because it may be the husband's separate property.  However, the court can allow wife temporary use while she makes other arrangements for herself and the kiddos.


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