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  1. #1
    dbg9x is offline Junior Member
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    Unhappy Can I make my husband move out legally?

    What is the name of your state (only U.S. law)? texas
    My husband and i are having problems and he refuses to leave the house. we were married to each other for many years, then divorced, and within 2 years, we married each other again. when we divorced i kept the house that was titled in both of our names (so was the mortgage) and he got most of the liquid assets. our assets were basicly split equally when we divorced. the main asset i kept was our house and the equity tht was in it. At the time of the divorce he signed something, a quit claim deed i think, that was filed with the court and the title on this same house is now in my name only. the mortage company still shows both of us as lienholders though since we originally qualified using both of our information. i pay all of the household bills including the mortgage and taxes. we have kept separate checking accts and savings, retirement, everything. we don't have any joint credit cards or joint accounts at all. its been almost 2 years since we got married again and i'm ready to separate. he says i can't make him leave since the house is now community property. is this true? again, its titled now in my name only. if he refuses to leave, can i change the locks legally since his property is in the house also?

    my second question is if we do get a divorce, will he be entitled to any equity in the house? like i said we keep separate accounts and i pay the mortgage and all bills out of my account. periodically he will give me a check to help cover all expenses (including childcare for our children) but it usually amounts to maybe 25% of all of our joint expenses not just the mortgage.

    thx.
  2. #2
    Proserpina is offline Senior Member
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    You CAN file for divorce and ask for exclusive use of the marital home but aside from that he has the same rights as you...until a court says otherwise.
  3. #3
    mistoffolees is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    You CAN file for divorce and ask for exclusive use of the marital home but aside from that he has the same rights as you...until a court says otherwise.
    We should have a list of standard answers for the questions that are asked 30 times per month or so.

    As for the rest, yes, the husband is entitled to 1/2 of marital equity. It doesn't matter who pays the bills - marital equity will typically be split (with a few exceptions in some states).
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by mistoffolees View Post
    We should have a list of standard answers for the questions that are asked 30 times per month or so.

    As for the rest, yes, the husband is entitled to 1/2 of marital equity. It doesn't matter who pays the bills - marital equity will typically be split (with a few exceptions in some states).
    Y'know, that'd be a good idea. I realize that many questions are State- and case-specific but for the more "generic" questions..I think that would absolutely be useful.
  5. #5
    dbg9x is offline Junior Member
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    So, even though the house is titled in my name only, and he refuses to leave while he is making my daily life hell, I can't do anything without taking divorce proceeding steps and getting something from the judge? I thought title ownership gave one spouse more rights than the other if it's not titled jointly. Also to add, it's not like he doesn't have a house to go. He purchased a house when we divorced in his name only and kept it. He just doesn't want to move out and move back in there.

    So even if I could show that he doesn't contribute very substantially financially, he would still be entitled to 1/2 the equity in my house? Is the portion of the equity I came into the marriage with considered my separate property, just as his house he still has in his name only would be considered his separate property?

    I couldn't find a list of general questions/answers.

    Thanks for your help.
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by dbg9x View Post
    So, even though the house is titled in my name only, and he refuses to leave while he is making my daily life hell, I can't do anything without taking divorce proceeding steps and getting something from the judge? I thought title ownership gave one spouse more rights than the other if it's not titled jointly. Also to add, it's not like he doesn't have a house to go. He purchased a house when we divorced in his name only and kept it. He just doesn't want to move out and move back in there.

    So even if I could show that he doesn't contribute very substantially financially, he would still be entitled to 1/2 the equity in my house? Is the portion of the equity I came into the marriage with considered my separate property, just as his house he still has in his name only would be considered his separate property?

    I couldn't find a list of general questions/answers.

    Thanks for your help.

    i'm thinking he would only be entitled to half of the equity that accurred since the second marriage date. not the entire house.

    misty?
  7. #7
    LdiJ is offline Senior Member
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    Quote Originally Posted by dbg9x View Post
    So, even though the house is titled in my name only, and he refuses to leave while he is making my daily life hell, I can't do anything without taking divorce proceeding steps and getting something from the judge? I thought title ownership gave one spouse more rights than the other if it's not titled jointly. Also to add, it's not like he doesn't have a house to go. He purchased a house when we divorced in his name only and kept it. He just doesn't want to move out and move back in there.

    So even if I could show that he doesn't contribute very substantially financially, he would still be entitled to 1/2 the equity in my house? Is the portion of the equity I came into the marriage with considered my separate property, just as his house he still has in his name only would be considered his separate property?

    I couldn't find a list of general questions/answers.
    No, he is NOT entitled to 1/2 of the equity in your house. He is entitled to 1/2 of the equity that has accrued since you remarried (if there is any at all) and you are entitled to 1/2 of the equity that has accrued in HIS house, during the marriage, as well.

    You might want to point out to him that the house he purchased is just as much community property as yours is.

    In fact, any assets or debts that have accrued since your remarriage are community property.
  8. #8
    Isis1 is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    No, he is NOT entitled to 1/2 of the equity in your house. He is entitled to 1/2 of the equity that has accrued since you remarried (if there is any at all) and you are entitled to 1/2 of the equity that has accrued in HIS house, during the marriage, as well.

    You might want to point out to him that the house he purchased is just as much community property as yours is.

    In fact, any assets or debts that have accrued since your remarriage are community property.
    phew!! that's what i was hoping.
  9. #9
    dbg9x is offline Junior Member
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    Thank you for your responses. I thought that would be the case...I'm fine with splitting equity since the second marriage, just not what I was already awarded from the first time.

    I would like to try a separation period and not jump into another divorce. He is making my daily life hell right now and it's not good for our two young children to see us argue. Can I request he leave in writing and if he refuses to do so within a given fair amount of time, change the locks since the house is titled in my name only? I was told law enforcement would uphold this because i am the sole titled owner. ??
  10. #10
    Proserpina is offline Senior Member
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    Quote Originally Posted by dbg9x View Post
    Thank you for your responses. I thought that would be the case...I'm fine with splitting equity since the second marriage, just not what I was already awarded from the first time.

    I would like to try a separation period and not jump into another divorce. He is making my daily life hell right now and it's not good for our two young children to see us argue. Can I request he leave in writing and if he refuses to do so within a given fair amount of time, change the locks since the house is titled in my name only? I was told law enforcement would uphold this because i am the sole titled owner. ??
    NO!

    It's the MARITAL HOME. Until a court says otherwise he has just as much right to live there are you do.
  11. #11
    mistoffolees is offline Senior Member
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    Quote Originally Posted by dbg9x View Post
    So, even though the house is titled in my name only, and he refuses to leave while he is making my daily life hell, I can't do anything without taking divorce proceeding steps and getting something from the judge? I thought title ownership gave one spouse more rights than the other if it's not titled jointly. Also to add, it's not like he doesn't have a house to go. He purchased a house when we divorced in his name only and kept it. He just doesn't want to move out and move back in there.
    It just doesn't matter. Whether he pays 100% and the wife stays at home with no income or if the wife pays 100% and the husband has no income is irrelevant. It is the marital home. He is entitled to live there until there is a court order otherwise.

    You already got the correct advice. Wishful thinking won't change it.

    Quote Originally Posted by dbg9x View Post
    So even if I could show that he doesn't contribute very substantially financially, he would still be entitled to 1/2 the equity in my house? Is the portion of the equity I came into the marriage with considered my separate property, just as his house he still has in his name only would be considered his separate property?
    Read what I wrote. He is entitled to 1/2 of the MARITAL EQUITY. This question has been answered many dozens (if not hundreds of times). Do a little basic research.

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