Legal Question in Family Law in Texas

Trying to get a petition decree my home is in name nvr changed last name. Hus doesn't pay any bills all the bills are my nme. On my deed it states only my name only. We dont hve any kids together. I want him out he says he can stay here as long as he wants bcuz this community property. Can I file a T OP.


Asked on 7/23/11, 12:10 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

if you purchased the house after marriage, it is community property, no matter whose name is on the deed and no matter who paid for it. If you purchased it before marriage, it is your separate property.

Whether the house is coummunity or separate, you can file a petition for divorce and ask the court for temporary orders. At the hearing on your motion for temporary orders, ask that you be granted exclusive use, possession, and enjoyment of the residence pending the outcome of your divorce.

The judge will not recognize your house as separate property in any final sense at a TO hearing, but if you can show that you purchased it prior to marriage and that you pay all the expenses on the house, you are likely to be able to kick your husband out.

Beware that he may ask for temporary spousal support and the court may very well award it to him if he doesn't make enough money to pay for his own reasonable living expenses.

You need an attorney. The way you phrased your question suggests that you will probably have difficulties doing this on your own.

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Answered on 7/23/11, 5:48 pm


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