Legal Question in Family Law in Texas
Can a spouse be legally forced to leave the home?
Our son has been married 18 years.Has been irresponsible, not provided for his wife and 2 kids,now has a phone relationship with another woman in another state,drinks,smokes..when family is struggling to eat and pay bills..has declared personal bankruptcy 3 times and lost a business that we helped them to purchase.He refuses to stop his very expensive phone relationshp,etc.etc.and refuses to leave.Can he be forced to leave?
1 Answer from Attorneys
Re: Can a spouse be legally forced to leave the home?
I'm not sure from your question where your son lives.
If he lives with his wife and his wife wants him out of their home, she must file for divorce and ask for a temporary orders hearing. Only a Judge can remove a person from their home. This will also get child support and visitation established.
If he is living in your home, unless he has a lease, you can ask him to leave. If he won't leave, go to the nearest small claims courthouse (in Houston there is one on Chimney Rock and there are others around town) and begin eviction against him.
I hope this helps.
Fran Brochstein
713-847-6000
www.familylaw4u.com
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