Legal Question in Family Law in Texas

my wife and I are in the process of separating, we havea 5-year-old son and are living in a house my father purchased and is letting us live in. legally do I have to give her notice to have her move out? Her name is nowhere on any lease for where we are living. I pay every bill and provide all food and gas and I don't want to be responsible for providing that her or someone that does not love me. What are my options?


Asked on 4/03/14, 12:34 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Only a judge can make her move out of the place where she is living.

If you don't agree, feel free to call your local sheriff, constable or police station. I believe they will agree with me.

You can file for a divorce with temporary orders and ask the judge to remove her from the home. However, the judge might let her stay in the home with the child.

It is irrelevant that your father owns the home. Judges do not like making people getting divorces homeless.

The issue of the home will be usually determined at the end of the divorce. Of course, at the end of the divorce, the house will continue to be owned by your father if he can prove that it is his home.

You need to immediately hire a family law attorney. Look on this website or www.avvo.com.

www.familylaw4u.com

713-847-6000

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Answered on 4/03/14, 12:46 pm


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