Eviction?

[LisaMal]

What is the name of your state (only U.S. law)? Texas
I've asked my husband sign a "post" nuptual agreement to protect what should be my children's security, enter himself into a inpatient unit for three days, get a job, contribute significantly (for first time) to family finanially, and show that he can control his anger and desires to be reunified with our family.

I want us to stay together, after he's gotten control over his life/emotions and is no longer a threat to us. But have asked him to leave until he can accomplish the above non-negotiables.

Presently he's obsessing with the fact that i've not formally "evicted him." Says I'm breaking the law by not allowing him to sleep here while he looks for a job. The house was mine prior to our marriage, only my name is on deed, he's never ever made a payment. Is there any legal standing for him to force ME to have him continue to live here while we work on our marriage?

 

[moburkes]

Yes, you are breaking the law.

 

[LisaMal]

so now what?

So what must I do to get him out legally?

 

[moburkes]

Go to your local courthouse and file eviction paperwork. Start divorce proceedings.

 

[mistoffolees]

Go to your local courthouse and file eviction paperwork. Start divorce proceedings.

Or, if you're convinced that he's a danger to you or the kids, file for a protection order. If it's really extreme, start proceedings to have him involuntarily hospitalized.

HOWEVER, make sure that he's really a danger before trying those things or they could backfire. It happens time after time - someone comes here writing that their stbx is a danger to them or the kids, but when you finally get the whole story, the stbx simply yelled at them a couple of times. The burden of proof is on you to show that the person is truly dangerous and not simply unpleasant.

If, however, the person is truly dangerous, then you NEED to get him away from your kids.

But forget most of the stuff you're asking. There's no way you can require him to get a job or be a 'productive member of society'. The court will not order someone to get a job just because you're tired of supporting the family.

 

[Ohiogal]

Go to your local courthouse and file eviction paperwork. Start divorce proceedings.

You can't evict a spouse -- only a divorce court can do that.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas
I've asked my husband sign a "post" nuptual agreement to protect what should be my children's security, enter himself into a inpatient unit for three days, get a job, contribute significantly (for first time) to family finanially, and show that he can control his anger and desires to be reunified with our family.

I want us to stay together, after he's gotten control over his life/emotions and is no longer a threat to us. But have asked him to leave until he can accomplish the above non-negotiables.

Presently he's obsessing with the fact that i've not formally "evicted him." Says I'm breaking the law by not allowing him to sleep here while he looks for a job. The house was mine prior to our marriage, only my name is on deed, he's never ever made a payment. Is there any legal standing for him to force ME to have him continue to live here while we work on our marriage?

I am going to give you a slightly different answer than the others.

Technically yes, your spouse is allowed to live in the marital home, unless a restraining order or a judge in a divorce or separation case, kicks him out.

If he brought the police to your door, the police would tell you that you had to let him back in. However, they would not arrest you.

If he broke in, or got a locksmith to let him in, he also could not be arrested.

However, if you tell him to stay out, and he does not do anything to force his way back in, then you are not breaking any laws.

However, it would probably be best to get the restraining order. It also may be a good wakeup call to him that you are serious.

 

[Ohiogal]

Oh and one other thing -- a post nuptial is not worth anything. Unless ordered by a court as part of a divorce.