Legal Question in Family Law in Texas

You will need to file for divorce and ask the Court to schedule a hearing for temporary orders and seek an order awarding you exclusive possession of the home while the case is pending. If there has been recent family violence, there is the possibility of obtaining a "kick out" order. I am a board certified specialist in the field of family law practicing in the general Houston area. I would be glad to discuss the issues which confront you if you would call me directly at 713-600-5500.

Bruce C. Zivley

You can ask for temporary orders that would make him move out. However, the economy is so horrible right now, depending on the economic realities of your situation, the court might let both of you live there if you can do so peaceabley.

If you ask the court for temporary orders, the court's analysis may go something like this: Can the parties live without violence or too much screaming during the pendancy?

YES? Let them stay there and preserve assets.

NO? Then the children get to stay in the house. Which parent is the primary caregiver of the children? That is the parent that will get to stay in the house with the kids.

HOWEVER: If income is not an issue and you cannot make the house payment on your own after divorce, then the court might tell you to go get an apartment and make him pay for it since you wouldn't want to be awarded the house in the final decree.

If money is an issue, it's likely the house will be sold and the proceeds distributed between the two of you.

I know that's a digression from your question about making him move out, but I was hoping that understanding what might happen with the house itself might help you make an argument one way or the other about who should be living where for now.

Good luck!!