"ownership of home during voluntary separation

[akboatright]

What is the name of your state? Texas
I was wondering if someone knew if ownership or residency of the spousal home can be reliquished by time or by the willful establishment of a temporary separate residence during the spousal separation, if the separation was not established as a "legal Separation" or nothing had been filed with the system establishing temporary rights?This is pretty brief and I don't know wether or not I have explained my queston well enough for someone to understand what exactly I am asking...but it is a very long story pertaining with family violence but the key element to the charge against my spouse is "entered the residence without effective consent of the owner"...If he is considered the owner or has the right to enter the premises at will the charges will not fit, but if he isnt it's a Felony one so...I can't seem to find the info on this anywhere...Thanks AB

 

[toasted]

What is the name of your state? Texas
I was wondering if someone knew if ownership or residency of the spousal home can be reliquished by time or by the willful establishment of a temporary separate residence during the spousal separation, if the separation was not established as a "legal Separation" or nothing had been filed with the system establishing temporary rights?This is pretty brief and I don't know wether or not I have explained my queston well enough for someone to understand what exactly I am asking...but it is a very long story pertaining with family violence but the key element to the charge against my spouse is "entered the residence without effective consent of the owner"...If he is considered the owner or has the right to enter the premises at will the charges will not fit, but if he isnt it's a Felony one so...I can't seem to find the info on this anywhere...Thanks AB

No he cannot be forced to relinquish his ownership. And since you have nothing legal saying he does not live there anymore, he could enter as long as he has something of his in the home. If domestic abuse is involved you could get a restraining order to keep him from entering, but he still will own the residence.

If you file for divorce you could either buy his share out or have him buy you out. The key here is to get some form of court order to keep him from entering and then see a lawyer as to what to do with the house.