Legal Question in Real Estate Law in Texas

Resident

According to my default divorce degree my ex husband was given our house, but I am now residing in it with him. I have lived here 2 months and he has told me that he can have me and his sons put out, just by picking up the phone and calling the local police. I believe that this is a civil matter and he would have to take me back to court. Isn't possession 9/10ths of the law. Also my name is still on the title and I will not sign the property over. The agreement by mouth was that I could stay here until I went back to work. Both our sons are residing here as well and I have custody of them both.


Asked on 11/08/00, 12:58 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: Resident

I believe that your husbands verbal promise that you "could reside in the house until you get a job" created a landlord/tenant relationship and that as a tenant you have certain rights under the Texas Property Code. You are not trespassing as you are a tenant, and therefore this would be a civil matter whaich sould have to be resolved by the courts. You right to occupancy would appropriately be decided in a justice court.

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Answered on 11/28/00, 11:47 am


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