Texas Divorce: Getting Your Spouse to Leave the Marital Home [2023] (2024)

FAQs

Can you force your spouse to leave the marital home in Texas? ›

Kick-out orders in Texas are only possible if there are allegations of family violence. Typically, one spouse can't get the other spouse to leave the residence unless a protective order application requests specific relief – one spouse requesting the other spouse be removed from the home.

No one is required to move out during a Texas divorce

Until the property is distributed in the final divorce order, both parties have a right to be there. Whether one party should choose to move out before the divorce is finalized, however, should be the subject of careful consideration and discussion.

You cannot force your partner to move out unless there is a court order granting you exclusive use of the home. This typically occurs during a temporary orders hearing in a divorce process. If you and your partner cannot agree on living arrangements, the judge will make the decision for you.

You Can Damage Your Child Custody Claim

One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claims.

While rare, Texas courts will award an abandonment divorce if the other spouse has voluntarily left the marital residence with no intention of ever returning and has stayed away for at least one year. The one-year period must be continuous.

In Texas, there are two types of alimony that may be available to stay-at-home parents: temporary and permanent spousal maintenance. Temporary maintenance is usually awarded when one spouse needs financial assistance while they wait for the divorce proceedings to be finalized.

In Texas, both spouses usually have a right to live in the home prior to a divorce being finalized. There are, however, exceptions. There are times when one spouse can be excluded from the home and this exclusion can be accomplished by filing a motion for a temporary injunction once a divorce has been initiated.

California is a “community property state,” which means property a couple acquires during their marriage belongs to both parties. In many cases, this includes their home, which means one spouse cannot force the other to move out simply because they are in the process of divorcing.

The most common type of real estate divided during a divorce is the marital home. If one spouse wants to stay in the home, they can agree to keep the house and the debt associated with the house. The parties may also agree that one spouse will keep the house and give the other spouse half of the equity.

If your spouse does not agree to leave the house, the only other ways to remove them from the house is through legal action, either by calling the police, applying for a protective order, or divorce. You cannot otherwise evict your spouse from their homestead.

Can my husband leave me with nothing in divorce? ›

Talk to a Lawyer

first, know that you have rights. He can't just leave a marriage and leave you with no money. A family law attorney or divorce lawyer can help you understand your options and rights based on your particular situation and the relevant state or local laws.

You can certainly ask, but you cannot compel your spouse to leave, except in the case of domestic abuse, in which case a court injunction would be needed.

Ultimately, the overall economic quality of a man's life, based on earnings and amount spent on living expenses, increases after his divorce. He continues to earn more but bears fewer family expenses. The overall economic quality of a woman's life, post-divorce, decreases.

A study led by the American Sociological Association determined that nearly 70% of divorces are initiated by women. And the percentage of college-educated American women who initiated divorce is even higher.

Both ex-spouses take a loss, but typically, men suffer a larger hit to their standard of living than women — between 10 and 40% — due to alimony and child support responsibilities, the need for a separate place to live, an extra set of household furniture and other expenses.

Is Spousal Support Mandatory in Texas? No, spousal support is not mandatory in Texas. In the case of a divorce where a spouse is seeking spousal support, the judge will ensure that the situation meets the requirements laid out in Texas law in order to qualify for spousal support.

Adultery and divorce: Can infidelity affect divorce settlements in Texas? Yes. If you are able to convince a judge that your spouse's cheating is the ground on which your divorce should be based, you could be awarded a greater share of the marital property.

To use abandonment as grounds for divorce, you must show the court that your ex-spouse left with the intention to never come back. Just leaving is not enough. The intent to leave you permanently must also be there. Further, the spouse must have been gone for at least a year.

So even in divorce cases where one of the spouses earns a sizeable income, that is the most you can expect. In addition, you must be married a minimum of 10 years in order to qualify for spousal maintenance in Texas.”

Everything is considered community property until proven to be separate property during a Texas divorce, so even if it is your house from prior to marriage, you cannot kick someone out or change the locks.

Is my wife entitled to half my house if it's in my name in Texas? ›

Texas is one of nine states that is a community property jurisdiction. In general, this means that any property acquired by a couple during their marriage (with a few exceptions) is equally owned by both spouses. This can have a profound effect on the dissolution of property during divorce proceedings.

Texas is not a 50/50 community property state. The Texas Family Code requires a just and right division of community property. Judges may divide 55/45 or 60/40 if they see bad behavior on one side, or if there are fault grounds (adultery, cruelty, etc.), or if there is disparity in earning capabilities.

Theoretically, the least amount of time it can take to get divorced in Texas is 61 days. However, even an uncontested divorce typically takes about three to four months to finalize due to the court's docket and the schedules of all the parties involved.

Any divorce in which the spouses cannot agree on the terms of the split is considered a contested divorce. Contested divorces in Texas can set you back an average of $15,600. On average, an experienced family law attorney will cost you around $320 per hour.

When the spouses are legally separated, any new debts are usually considered the separate debt of the spouse that incurred them. However, not all states recognize legal separation. In that case, debts may continue to allot until the divorce filing or the divorce decree, depending on state law.

Occasionally a family member might be asked to step out, but mostly it's based on the patient's wishes.

In most circ*mstances, the Texas court cannot order your house to be sold pending final divorce. Do not feel pressured into making a decision about a large asset of your marriage. Right now it's a seller's market in the Austin, TX area.

Even if you owned the property beforehand, unless you are able to prove that you owned it and that no community funds have gone into it, there is a significant likelihood that it will be deemed to be community property. This happens when people have a bank account.

Can we get divorced if we are still living together? Yes. It has become more common with the current state of the housing market and economy for spouses to continue living together while their divorce is pending.

What to do when your ex won't move out? ›

Malicious desertion divides into two categories i.e. direct and constructive. Direct malicious desertion is when deserting spouse leaves the matrimonial home. Constructive malicious desertion is when the innocent spouse is compelled to leave the home permanently as a result of other spouse's faults.

In the context of a marriage, the feelings of neglect, being left out, and not being heard are collectively referred to as emotional abandonment. It occurs when one partner is so preoccupied with their own concerns that they are unable to notice the struggles, concerns, or problems their partner is experiencing.

Spousal Abandonment Syndrome is when one of the spouses leaves the marriage without any warning, and—usually–without having shown any signs of unhappiness with the relationship. With spousal abandonment, there is often no outward sign that one of the spouses is frustrated or considering leaving the marriage.

Dividing Equity

If both of the spouses worked during the marriage and contributed equal amounts to the mortgage that they acquired after marriage, a 50/50 split is usually reasonable.

Generally: Men who provide less than 80% of a family's income before the divorce suffer the most. On the other hand, men who provided more than 80% of a family's income before a divorce do not suffer as much financial loss, and may even marginally improve their financial situation.

Elementary school age (6–12) This is arguably the toughest age for children to deal with the separation or divorce of their parents. That's because they're old enough to remember the good times (or good feelings) from when you were a united family.

According to various studies, the financial impact of a divorce is typically less severe for men compared to women. One report from the US Government Accountability Office found that men's household income fell by just 23% after divorcing past the age of 50.

Can a husband force his wife to leave the house? ›

The short answer is yes, you can force a Spouse to leave the marital residence. But there are requirements that must be met in order to have a sole legal claim to the marital home. An agreement between spouses on who is to move out and situations of domestic violence are examples meeting the requirements.

If your spouse does not agree to leave the house, the only other ways to remove them from the house is through legal action, either by calling the police, applying for a protective order, or divorce.

The most common type of real estate divided during a divorce is the marital home. If one spouse wants to stay in the home, they can agree to keep the house and the debt associated with the house. The parties may also agree that one spouse will keep the house and give the other spouse half of the equity.