Legal Question in Family Law in Texas

Re: spousal rights to the home

Basically, as co-owners you and he have equal rights of access to the home. Both you and he can do things such as change the locks, exclude 3rd parties from the premises, etc. Of course you could go over there and "break in" but then he would call the police etc. and it would be a messy scene. Jean Sudduth is right. You need to file for divorce and request a hearing on temporary orders - only temporary orders can protect your interest in the home. Temporary orders lay down the ground rules about how each party may act in regards to property and children during the interim phase while the divorce process is occurring. Without temporary orders, you have no protection. He could do things such as withdraw all monies from your joint accounts and he could do so rightfully and there would be nothing you could do.

I urge you to take steps to obtain temporary orders as soon as possible.

Should you decide to retain legal counsel, feel free to contact me.

Sincerely,

Stephanie T. Shipp

Attorney At Law

Re: spousal rights to the home

The short answer is no. Why Mr. O'Connor thinks you should not have moved out, I do not know. I would not consider living under the same roof with a person I planned to divorce. Why are you waiting for him to file for divorce? I suggest that you file and ask for temporary orders. If he has the house, where are you living and how much does that arrangement cost? I would get going on this ASAP.

Re: spousal rights to the home

No. You shouldn't have moved out, unless you were afraid he would be abusive. That is your home, too. Call me at 932-1888 if you have questions.