Legal Question in Family Law in Texas

looking for answers

my fiance is having a child with another women, she is currently residing with him, under the assumtion that she needed the added finacial help until the birth of the baby, things have really heated up, and my fiance has requested her to leave. He has offered to pay for the moveas well as pay for few months of new home, but she is refusing to leave his house. Can he legally make her vacate his home??? And if so, how??? and if not, what is the next course of action for us???


Asked on 6/05/04, 4:47 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: looking for answers

You have not given me enough facts to completely answer your question.

You do not have a family law problem -- you have a real estate problem.

Assuming he lives in Texas, the following might be informative for you:

If she owes part of the property, then she cannot be removed without a court order.

If she has a lease, then the terms of the lease control.

If she does not have a lease, then he needs to try to evict her. If he does not know how, then he needs to retain the services of a real estate attorney to make sure it is done properly.

Be advised that if she has this address on her driver's license or she has any other evidence she lives at this address, the cops will not do anything if she breaks into the house.

If the man is renting, he can try to terminate his lease and move.

I hope this information is helpful.

Fran Brochstein

www.familylaw4u.com

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Answered on 6/06/04, 11:59 pm


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