Legal Question in Family Law in Texas

'When is it legal to evict the female spouse in Texas?

Homestead is in a family trust where the he is the executor/trustee and the only living heir. The property belonged to his family.

She owns a house but it is rented and make $75k a year. He makes $30k annually. Can he evict me from the house without her consent or notice? Can he evict her before the divorce is filed or final?


Asked on 8/24/10, 6:24 am

1 Answer from Attorneys
TC Langford Langford Law Office

It may be possible to successfully establish that the property is separate property, however, it is also the marital residence. She cannot be evicted. Once a lawsuit is filed for divorce, he can ask the court to enter Temporary Orders, including an order that he is granted possession of the house.

Read more
Answered on 8/30/10, 7:02 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas