What do I do if I’m married and my husband’s wife from Mexico moved into my house and is trying to kick me out

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What do I do if I’m married and my husband’s wife from Mexico moved into my house and is trying to kick me out

I found out my husband was married in Mexico. His wife came here on a permit and moved me out of my room and is trying to kick me out the house. I’m not on the lease and the house is being rented.

Asked on August 22, 2017 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Who was married first--her or you? 
If her, you are not married and she can kick you out if her husband (the person you thought you married) lets her kick you out. (Assuming the lease is in his name; as the tenant, he would decide who may stay there.) The problem here is that you cannot be married to two people at the same time; if you are already married to person A, you *cannot* legally marry person B, so the marriage to B is void. Thus, if he married her first, you are not married to him. A non-spouse may be asked to leave  any home she does not herself rent or own by the lawful owner or tenant.
If you were married to him first, the you are the wife and her marriage is void. If she came her on some sort of spousal visa, you may wish to report her to INS; such a visa would be invalid if she is not actually married. In this case, neither she nor he can remove you unless the house is rented in her name only; otherwise, if rented in his name, one spouse may not force the other spouse out of the marital home. That said, you may wish to speak with a divorce or family law attorney about the possibility of divorce and your rights in divorce: this may not be a situation or marriage you wish to continue.


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