Legal Question in Family Law in Texas
If I file for divorce is it still my right to stay living with my husband until the divorce is final so I can save money to move or does he have the right to throw me out. We are renting the house and the lease was in both our names but one month after we moved in I left and when I came back he had a new lease without me on it.
2 Answers from Attorneys
Only a judge can evict you from your home.
You can call the local police, sheriff or constable and ask them the law on this.
If he threatens to kill you, then I'd leave. Your life is worth more than anything else!
The lease is a community asset, so even though your name is not on it, you are entitled to enjoyment (in the legal sense) of the leased premisis. HOWEVER, as Ms. Brochstein correctly points out, if there is a risk of harm to yourself, stay out until you can get the court to address it in a temporary orders hearing.
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