Legal Question in Family Law in Texas
My husband and I have been separated since April 2009. We had a separation agreement notarized but never filed with the court. In the agreement my husband was allowed to stay in our family home and I moved out with two of our children. However, since the separation we have been intimate countless time.
My question is this... Since we have been intimate is our agreement voided? And can I move back into our home without him being able to stop me?
1 Answer from Attorneys
"Intimacy" wouldn't void the agreement.
If you have a key to the house, and you and the children simply move back in one day while he's gone, it would be somewhat odd for him to physically force you out of the family home.
By the way, there's no provision in the Family Code for "separation agreements," notarized or otherwise.
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