Legal Question in Family Law in Texas

The short answer is that you should have some methods to stay in the house, but it might be hard to get maintenance ordered by the court. Here is a more detailed explanation:

It appears that it might be difficult to receive support (alimony) from a Texas court based on the amount of time that has passed after your divorce. However, did you go to court for your divorce or did you have a separation agreement? If you never formally had a divorce, your chances of recovery for maintenance would be greater.

In your divorce was in front of the court, the court should have made a determination concerning the house. It should be either labeled as community property (belonging to both of you) or separate property (belonging to one of you). If he bought the house before your marriage, then it is going to be separate property. If he bought the house during the marriage, it is community property where you might have rights based on the divorce decree issued by the court. Check the records to ensure that it was not given to him as part of the decree.

Finally, there might have been an agreement concerning your right to stay in the house as part of the divorce decree (or separation). If not, a Texas court is less likely than courtrooms across the United States to kick a spouse out of her home. Although the length of the time that the two of you have been divorced certainly works against you, the fact that he has basically supported you in some capacity for the last sixteen years certainly works in your favor. The words that are important here are "alimony" (maintenance by supporting spouse) and "community property" (for property bought during the marriage). "Equity" is another word that would work in your favor (i.e. he should not be able to kick you out of the house after you have lived in it for at least 16 years).